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42 U.S.C. § 6976 — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(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
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925&num=0&edition=prelim) (or in modifying or revoking any permit which is deemed to have been issued under section 6935(d)(1) 11 See References in Text note below. of this title), or (2) in granting, denying, or withdrawing authorization or interim authorization under [section 6926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6926&num=0&edition=prelim), 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.
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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
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6926
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b) or (c) of this section, any person may commence a civil action on his own behalf—
(1)
(A) against any person (including (a) the United States, and (b) any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter; or
(B) against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or
(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.
Any action under paragraph (a)(1) of this subsection shall be brought in the district court for the district in which the alleged violation occurred or the alleged endangerment may occur. Any action brought under paragraph (a)(2) of this subsection may be brought in the district court for the district in which the alleged violation occurred or in the District Court of the District of Columbia. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enfo
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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
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