View all text of Subchapter I [§ 761 - § 789]
§ 766. Administrative provisions
(a) Rules, regulations, and procedures; Environmental Protection Agency, notification; quality of environment, publication of comments; emergency preclusion of review by Environmental Protection Agency
The Administrator may promulgate such rules, regulations, and procedures as may be necessary to carry out the functions vested in him: Provided, That:
(1) The Administrator shall, before promulgating proposed rules, regulations, or policies affecting the quality of the environment, provide a period of not less than five working days during which the Administrator of the Environmental Protection Agency may provide written comments concerning the impact of such rules, regulations, or policies on the quality of the environment. Such comments shall be published together with publication of notice of the proposed action.
(2) The review required by paragraph (1) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires making effective the action proposed to be taken at a date earlier than would permit the Administrator of the Environmental Protection Agency the five working days opportunity for prior comment required by paragraph (1). Notice of any such waiver shall be given to the Administrator of the Environmental Protection Agency and filed with the Federal Register with the publication of notice of proposed or final agency action and shall include an explanation of the reasons for such waiver, together with supporting data and a description of the factual situation in such detail as the Administrator determines will apprise such agency and the public of the reasons for such waiver.
The review required by paragraphs (1) and (2) of this subsection may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires immediate action.
(b) Adjustments; procedures respecting application and operation; judicial review
(c) Judicial review of administrative rulemaking; filing of petition in United States Court of Appeals
(d) to (k) Repealed or Redesignated. Pub. L. 95–91, title VII, § 709(a)(2)(B), (C), (F), (G), Aug. 4, 1977, 91 Stat. 608
(l) Authority and responsibility of General Counsel
(Pub. L. 93–275, § 7, May 7, 1974, 88 Stat. 100; Pub. L. 94–385, title I, §§ 103–106, Aug. 14, 1976, 90 Stat. 1127–1129; Pub. L. 95–70, § 8, July 21, 1977, 91 Stat. 277; Pub. L. 95–91, title VII, § 709(a)(2), Aug. 4, 1977, 91 Stat. 607.)