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U.S. Code as of:
01/19/04
Section 6974. Petition for regulations; public participation
(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, 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 unless such program provides for the notice and
hearing required by the paragraph.
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