---
kind: "section"
citation: "15 U.S.C. § 2691"
title: "15"
title_heading: "Commerce and Trade"
number: "2691"
heading: "General provisions relating to administrative proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2691"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter IV — Lead Exposure Reduction"
---

# §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](/usc/15/2602.md?p=1) 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](/usc/15/2602.md?p=16), 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)](#b) shall be open for [inspection](/usc/15/2681.md?p=7) by the public at reasonable times specified in the notice of proposed rulemaking. Any [person](/usc/15/7a.md?p=6) may copy documents contained in the docket. The [Administrator](/usc/15/2602.md?p=1) shall provide copying facilities which may be used at the expense of the [person](/usc/15/7a.md?p=6) seeking copies, but the [Administrator](/usc/15/2602.md?p=1) may waive or reduce such expenses in such instances as the public interest requires. Any [person](/usc/15/7a.md?p=6) may request copies by mail if the [person](/usc/15/7a.md?p=6) 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](/usc/15/7a.md?p=6) 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](/usc/15/7a.md?p=6) who transcribed such hearings. All documents which become available after the proposed rule has been published and which the [Administrator](/usc/15/2602.md?p=1) 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](/usc/15/2602.md?p=1) to the Office of Management and Budget for any interagency review [process](/usc/15/2602.md?p=13) 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](/usc/15/2602.md?p=1) 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](/usc/15/2602.md?p=13) 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)](#c-2-B) 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.

## Source credit

(Pub. L. 94–469, title IV, § 411, as added Pub. L. 102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat. 3922.)