15 U.S.C. § 2620 — Citizens’ petitions

(a) Generally. Anyone may petition the Administrator^* to begin a proceeding to issue, amend, or repeal a rule under section 2603, 2605, or 2607, or an order under section 2603 or 2604(e) or (f). (b) Procedures. (1) The petition must be filed at the Administrator’s principal office and state^* the facts claimed to show why the rule or order should be issued, amended, or repealed. (2) The Administrator may hold a public hearing or conduct an investigation or proceeding considered appropriate. (3) Within 90 days after filing, the Administrator must grant or deny the petition. If granted, the Administrator must promptly begin the appropriate proceeding under sections 2603, 2604, 2605, or 2607. If denied, the Administrator must publish the reasons in the Federal Register. (4)(A) If denied, or not decided within 90 days, the petitioner may sue in a United States district court to compel the requested rulemaking. The suit must be filed within 60 days after denial or, if there was no decision, within 60 days after the 90-day period ends. (B) In such a case, the petitioner must have a de novo court proceeding. If the petitioner proves by a preponderance of the evidence that: (i) for a section 2603 rule or a section 2603 or 2604(e) order, (I) the information available to the Administrator is insufficient for a reasoned evaluation of the substance’s health and environmental effects, and (II) without that information the substance may present an unreasonable health or environmental risk, or will or may be produced in substantial quantities and enter or may be expected to enter the environment^* in substantial quantities, or there may be significant or substantial human exposure; or (ii) for a section 2605(a) or 2607 rule or section 2604(f) order, the substance or mixture^* presents an unreasonable risk of injury to health or the environment under its conditions of use^*, without considering costs or other nonrisk factors, including unreasonable risk to a potentially exposed or susceptible group, the court must order the Administrator to begin the requested action. If the court finds the alleged risk is less than risks the Administrator is already addressing and the Administrator lacks resources, it may let the Administrator delay until a time the court sets. (C) A final order may award suit costs and reasonable attorney and expert-witness fees when appropriate. A court reviewing that order may award suit costs and reasonable attorney fees when appropriate. (5) These remedies add to, rather than replace, other legal remedies.