§ 2620. — Citizens' petitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2620]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 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\
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\1\ So in original. The period probably should be a semicolon.
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.
(Pub. L. 94-469, title I, Sec. 21, Oct. 11, 1976, 90 Stat. 2042;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100
Stat. 2989.)
