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U.S. Code as of:
01/19/04
Section 2691. General provisions relating to administrative proceedings
(a) Applicability
This section applies to the promulgation or revision of any
regulation issued under this subchapter.
(b) Rulemaking docket
Not later than the date of proposal of any action to which this
section applies, the Administrator shall establish a rulemaking
docket for such action (hereinafter in this subsection referred to
as a "rule"). Whenever a rule applies only within a particular
State, a second (identical) docket shall be established in the
appropriate regional office of the Environmental Protection Agency.
(c) Inspection and copying
(1) The rulemaking docket required under subsection (b) of this
section shall be open for inspection by the public at reasonable
times specified in the notice of proposed rulemaking. Any person
may copy documents contained in the docket. The Administrator shall
provide copying facilities which may be used at the expense of the
person seeking copies, but the Administrator may waive or reduce
such expenses in such instances as the public interest requires.
Any person may request copies by mail if the person pays the
expenses, including personnel costs to do the copying.
(2)(A) Promptly upon receipt by the agency, all written comments
and documentary information on the proposed rule received from any
person for inclusion in the docket during the comment period shall
be placed in the docket. The transcript of public hearings, if any,
on the proposed rule shall also be included in the docket promptly
upon receipt from the person who transcribed such hearings. All
documents which become available after the proposed rule has been
published and which the Administrator determines are of central
relevance to the rulemaking shall be placed in the docket as soon
as possible after their availability.
(B) The drafts of proposed rules submitted by the Administrator
to the Office of Management and Budget for any interagency review
process prior to proposal of any such rule, all documents
accompanying such drafts, and all written comments thereon by other
agencies and all written responses to such written comments by the
Administrator shall be placed in the docket no later than the date
of proposal of the rule. The drafts of the final rule submitted for
such review process prior to promulgation and all such written
comments thereon, all documents accompanying such drafts, and
written responses thereto shall be placed in the docket no later
than the date of promulgation.
(d) Explanation
(1) The promulgated rule shall be accompanied by an explanation
of the reasons for any major changes in the promulgated rule from
the proposed rule.
(2) The promulgated rule shall also be accompanied by a response
to each of the significant comments, criticisms, and new data
submitted in written or oral presentations during the comment
period.
(3) The promulgated rule may not be based (in part or whole) on
any information or data which has not been placed in the docket as
of the date of such promulgation.
(e) Judicial review
The material referred to in subsection (c)(2)(B) of this section
shall not be included in the record for judicial review.
(f) Effective date
The requirements of this section shall take effect with respect
to any rule the proposal of which occurs after 90 days after
October 28, 1992.
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