U.S. Code » Title 42 » Chapter CHAPTER 82— SOLID WASTE DISPOSAL › Subchapter SUBCHAPTER VII— MISCELLANEOUS PROVISIONS

42 U.S.C. § 6974

Petition for regulations; public participation

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(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.(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 NotesAmendments

1980—Subsec. (b). Pub. L. 96–482 designated existing provisions as par. (1) and added par. (2).

Executive DocumentsTransfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection 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.

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1979–2025 · leading case: Waterkeeper All., Inc. v. Michael Regan, 41 F.4th 654 (D.C. Cir. 2022).
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Waterkeeper All., Inc. v. Michael Regan, 41 F.4th 654 (D.C. Cir. 2022). · cites it 4× “They contended, among other things, that EPA could not lawfully approve the Oklahoma Program before fulfilling its obligation under RCRA’s public-participation provision to promulgate public- participation guidelines for state permitting programs, see 42 U.S.C. § 6974 (b); that…”
Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency, 901 F.3d 414 (D.C. Cir. 2018). “42 U.S.C. § 6974 (b)(1). The EPA implements that statutory requirement, as relevant here, by requiring the owners of Coal Residuals units to "maintain a publicly accessible Internet site" on which they timely disclose specified information about their compliance with RCRA…”
United States Brewers Ass'n, Inc. v. Env't Prot. Agency, 600 F.2d 974 (D.C. Cir. 1979). · cites it 3× “In addition the 1976 Act provided for a petition to repeal a regulation (section 7004, 42 U.S.C. § 6974 (a)): (a) Petition. — Any person may petition the Administrator for the promulgation, amendment, or repeal of any regulation under this chapter.”
Shell Oil Co. v. Env't Prot. Agency, 950 F.2d 741 (D.C. Cir. 1992). “§ 553 (b) (1988), and the public-participation directive *747 of RCRA, 42 U.S.C. § 6974 (b) (1976). The relationship between the proposed regulation and the final rule determines the adequacy of notice.”
Hazardous Waste Treatment Council v. U.S. Env't Prot. Agency, Edison Elec. Inst., Intervenors [Hwtc Ii], 861 F.2d 277 (D.C. Cir. 1988). “Had EDF petitioned the Agency to promulgate the rule under 42 U.S.C. § 6974 (1982), it could have sought review if the petition had been denied.”
Prutehi Litekyan: Save Ritidian v. United States Dep't of the Air Force, 128 F.4th 1089 (9th Cir. 2025). · cites it 2× “See 42 U.S.C. § 6974 (b)(2) (1980); 40 C.F.R.”
Pub. Employees for Env't Responsibility v. EPA, 77 F.4th 899 (D.C. Cir. 2023). · cites it 5× “42 U.S.C. § 6974 (a). The EPA’s regulations provide that the agency “will make a tentative decision to grant or deny [such] a petition and will publish notice of such tentative decision, either in the form of an advanced notice of proposed rulemaking, a proposed rule, or a…”
Columbia Falls Aluminum Co. v. Env't Prot. Agency & Carol M. Browner, Adm'r, Reynolds Metals Co., Intervenors, 139 F.3d 914 (D.C. Cir. 1998). “” 42 U.S.C. § 6974 (a). We shall therefore assume, arguendo, that petitioners sought agency reconsideration.”
Edison Elec. Inst. v. United States Env't Prot. Agency, 2 F.3d 438 (D.C. Cir. 1993). “§ 553 (e); 42 U.S.C. § 6974 . IV. APPLICATION OF THE TC TO METALLIC SUBSTANCES The petitioners contend that EPA acted unlawfully in making the TCLP more sensitive to lead and other inorganic constituents than was the Agency’s earlier leaching procedure, the EP.”
Ass'n of Battery Recyclers, Inc. v. U.S. Env't Prot. Agency, 208 F.3d 1047 (D.C. Cir. 2000). · cites it 2× “§ 553 , and the public participation requirements of RCRA, see 42 U.S.C. § 6974 (b)(1). They also argue that the final rule should be set aside as “arbitrary and capricious.”
Northside Sanitary Landfill, Inc. v. Thomas, 804 F.2d 371 (7th Cir. 1986). “In accordance with 42 U.S.C. § 6974 (b) and 40 C.F.R. §§ 124.”
Waterkeeper All., Inc. v. Wheeler (D.D.C. 2020). · cites it 6× “Count 1, under the citizen-suit provision of RCRA, claims that EPA failed to perform a nondiscretionary statutory duty under RCRA, codified at 42 U.S.C. § 6974 (b)(1), to develop and publish minimum guidelines for public participation in the design, implementation, and approval…”
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