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U.S. Code as of:
01/19/04
Section 2620. Citizens' petitions
(a) In general
Any person may petition the Administrator to initiate a
proceeding for the issuance, amendment, or repeal of a rule under
section 2603, 2605, or 2607 of this title or an order under section
2604(e) or 2605(b)(2) of this title.
(b) Procedures
(1) Such petition shall be filed in the principal office of the
Administrator and shall set forth the facts which it is claimed
establish that it is necessary to issue, amend, or repeal a rule
under section 2603, 2605, or 2607 of this title or an order under
section 2604(e), 2605(b)(1)(A), or 2605(b)(1)(B) of this title.
(2) The Administrator may hold a public hearing or may conduct
such investigation or proceeding as the Administrator deems
appropriate in order to determine whether or not such petition
should be granted.
(3) Within 90 days after filing of a petition described in
paragraph (1), the Administrator shall either grant or deny the
petition. If the Administrator grants such petition, the
Administrator shall promptly commence an appropriate proceeding in
accordance with section 2603, 2604, 2605, or 2607 of this title. If
the Administrator denies such petition, the Administrator shall
publish in the Federal Register the Administrator's reasons for
such denial.
(4)(A) If the Administrator denies a petition filed under this
section (or if the Administrator fails to grant or deny such
petition within the 90-day period) the petitioner may commence a
civil action in a district court of the United States to compel the
Administrator to initiate a rulemaking proceeding as requested in
the petition. Any such action shall be filed within 60 days after
the Administrator's denial of the petition or, if the Administrator
fails to grant or deny the petition within 90 days after filing the
petition, within 60 days after the expiration of the 90-day period.
(B) In an action under subparagraph (A) respecting a petition to
initiate a proceeding to issue a rule under section 2603, 2605, or
2607 of this title or an order under section 2604(e) or 2605(b)(2)
of this title, the petitioner shall be provided an opportunity to
have such petition considered by the court in a de novo proceeding.
If the petitioner demonstrates to the satisfaction of the court by
a preponderance of the evidence that -
(i) in the case of a petition to initiate a proceeding for the
issuance of a rule under section 2603 of this title or an order
under section 2604(e) of this title -
(I) information available to the Administrator is
insufficient to permit a reasoned evaluation of the health and
environmental effects of the chemical substance to be subject
to such rule or order; and
(II) in the absence of such information, the substance may
present an unreasonable risk to health or the environment, or
the substance is or will be produced in substantial quantities
and it enters or may reasonably be anticipated to enter the
environment in substantial quantities or there is or may be
significant or substantial human exposure to it; or
(ii) in the case of a petition to initiate a proceeding for the
issuance of a rule under section 2605 or 2607 of this title or an
order under section 2605(b)(2) of this title, there is a
reasonable basis to conclude that the issuance of such a rule or
order is necessary to protect health or the environment against
an unreasonable risk of injury to health or the environment.(!1)
the court shall order the Administrator to initiate the action
requested by the petitioner. If the court finds that the extent of
the risk to health or the environment alleged by the petitioner is
less than the extent of risks to health or the environment with
respect to which the Administrator is taking action under this
chapter and there are insufficient resources available to the
Administrator to take the action requested by the petitioner, the
court may permit the Administrator to defer initiating the action
requested by the petitioner until such time as the court
prescribes.
(C) The court in issuing any final order in any action brought
pursuant to subparagraph (A) may award costs of suit and reasonable
fees for attorneys and expert witnesses if the court determines
that such an award is appropriate. Any court, in issuing its
decision in an action brought to review such an order, may award
costs of suit and reasonable fees for attorneys if the court
determines that such an award is appropriate.
(5) The remedies under this section shall be in addition to, and
not in lieu of, other remedies provided by law.
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