---
kind: "section"
citation: "42 U.S.C. § 6974"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6974"
heading: "Petition for regulations; public participation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6974"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter VII — Miscellaneous Provisions"
---

# §6974. Petition for regulations; public participation

- (a) **Petition—** Any [person](/usc/42/6903.md?p=15) may petition the [Administrator](/usc/42/6903.md?p=1) for the promulgation, amendment, or repeal of any regulation under this chapter. Within a reasonable time following receipt of such petition, the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=8), and enforcement of any regulation, guideline, information, or program under this chapter shall be provided for, encouraged, and assisted by the [Administrator](/usc/42/6903.md?p=1) and the [States](/usc/42/6903.md?p=31). The [Administrator](/usc/42/6903.md?p=1), in cooperation with the [States](/usc/42/6903.md?p=31), shall develop and publish minimum guidelines for public participation in such processes.
  - (2) Before the issuing of a permit to any [person](/usc/42/6903.md?p=15) with any respect to any facility for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous wastes](/usc/42/6903.md?p=5) under [section 6925 of this title](/usc/42/6925.md), the [Administrator](/usc/42/6903.md?p=1) shall—
    - (A) cause to be published in major local newspapers of general circulation and broadcast over local radio stations notice of the [agency](/usc/42/8262.md?p=1)’s intention to issue such permit, and
    - (B) transmit in writing notice of the [agency](/usc/42/8262.md?p=1)’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](/usc/42/300s–3.md?p=12) having any authority under [State](/usc/42/6903.md?p=31) law with respect to the [construction](/usc/42/6903.md?p=2) or operation of such facility.

    If within 45 days the [Administrator](/usc/42/6903.md?p=1) receives written notice of opposition to the [agency](/usc/42/8262.md?p=1)’s intention to issue such permit and a request for a hearing, or if the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=31) program which provides for the issuance of permits referred to in this paragraph may be authorized by the [Administrator](/usc/42/6903.md?p=1) under [section 6926 of this title](/usc/42/6926.md) unless such program provides for the notice and hearing required by the paragraph.


## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

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

### Executive Documents

### Transfer 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.