42 U.S.C. § 6976 — Judicial review

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, storage, or disposal of hazardous wastes under section 6925 of this title, the Ad- ministrator shall— (A) cause to be published in major local newspapers of general circulation and broad- cast over local radio stations notice of the agency’s intention to issue such permit, and (B) transmit in writing notice of the agen- cy’s intention to issue such permit to each unit of local government having jurisdiction over the area in which such facility is pro- posed to be located and to each State agency having any authority under State law with re- spect to the construction or operation of such facility. If within 45 days the Administrator receives written notice of opposition to the agency’s in- tention 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 pro- posed facility. Whenever possible the Adminis- trator 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 pro- gram 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, § 7004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2826; amended Pub. L. 96–482, § 26, Oct. 21, 1980, 94 Stat. 2348.) Editorial Notes AMENDMENTS 1980—Subsec. (b). Pub. L. 96–482 designated existing provisions as par. (1) and added par. (2). 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. § 6975. Separability If any provision of this chapter, or the applica- tion of any provision of this chapter to any per- son or circumstance, is held invalid, the applica- tion of such provision to other persons or cir- cumstances, and the remainder of this chapter, shall not be affected thereby. (Pub. L. 89–272, title II, § 7005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2827.) § 6976. Judicial review (a) Review of final regulations and certain peti- tions Any judicial review of final regulations pro- mulgated pursuant to this chapter and the Ad- ministrator’s denial of any petition for the pro- mulgation, amendment, or repeal of any regula- tion 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 Ad- ministrator 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 de- termination under this chapter required to be made on the record after notice and oppor- tunity for hearing, if a party seeking review under this chapter applies to the court for Page 7010 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6977 1 See References in Text note below. 1 See References in Text note below. leave to adduce additional evidence, and shows to the satisfaction of the court that the infor- mation is material and that there were rea- sonable grounds for the failure to adduce such evidence in the proceeding before the Adminis- trator, 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 evi- dence 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, deny- ing, or withdrawing authorization or interim au- thorization 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 re- sides or transacts such business upon applica- tion 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 re- view shall be in accordance with sections 701 through 706 of title 5. (Pub. L. 89–272, title II, § 7006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 96–482, § 27, Oct. 21, 1980, 94 Stat. 2349; Pub. L. 98–616, title II, § 241(b)(1), title IV, § 403(d)(5), Nov. 8, 1984, 98 Stat. 3259, 3273.) Editorial Notes 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 clas- sified to section 6935(d)(1) of this title. AMENDMENTS 1984—Pub. L. 98–616 inserted ‘‘(or in modifying or re- voking any permit which is deemed to have been issued under section 6935(d)(1) of this title)’’ and inserted ‘‘Ac- tion 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, § 27(a), designated existing provi- sions as subsec. (a), in provision preceding par. (1), in- cluded judicial review of Administrator’s denial of any petition for promulgation, amendment, or repeal of any regulation in par. (1), included review of Administra- tor’s denial of any petition for promulgation, amend- ment, 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). 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. § 6977. Grants or contracts for training projects (a) General authority The Administrator is authorized to make grants to, and contracts with any eligible orga- nization. For purposes of this section the term ‘‘eligible organization’’ means a State or inter- state agency, a municipality, educational insti- tution, and any other organization which is ca- pable of effectively carrying out a project which may be funded by grant under subsection (b) of this section. (b) Purposes (1) Subject to the provisions of paragraph (2), grants or contracts may be made to pay all or a part of the costs, as may be determined by the Administrator, of any project operated or to be operated by an eligible organization, which is designed— (A) to develop, expand, or carry out a pro- gram (which may combine training, education, and employment) for training persons for oc- cupations involving the management, super- vision, design, operation, or maintenance of solid waste management and resource recov- ery equipment and facilities; or (B) to train instructors and supervisory per- sonnel to train or supervise persons in occupa- tions involving the design, operation, and maintenance of solid waste management and resource recovery equipment and facilities. (2) A grant or contract authorized by para- graph (1) of this subsection may be made only upon application to the Administrator at such time or times and containing such information as he may prescribe, except that no such appli- cation shall be approved unless it provides for the same procedures and reports (and access to such reports and to other records) as required by section 3254a(b)(4) and (5) 1 of this title (as in ef- fect before October 21, 1976) with respect to ap- plications made under such section (as in effect before October 21, 1976). (Pub. L. 89–272, title II, § 7007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 95–609, § 7(r), Nov. 8, 1978, 92 Stat. 3083;