42 U.S.C. § 8411 — Administrative procedures

(a) General rulemaking. Unless this section or another part of this chapter says otherwise, the Secretary must make rules using the standard federal rulemaking process in section 553 of title 5 (the Administrative Procedure Act). (b) Notices of rules and orders imposing prohibitions. Before issuing any rule or order that bans something under this chapter, the Secretary must publish the proposed rule or order in the Federal Register, along with reasons for it. For a rule, the Secretary must also publish a detailed statement of any special facts that had to be considered. A copy must go to anyone who runs a powerplant specifically named in the rule or order. (c) Petitions for exemptions. (1) Anyone can file a petition asking to be exempted from a ban under this chapter, following timing and form rules the Secretary sets. When the Secretary gets a petition, it must be published in the Federal Register with its reasons, and the public must get at least 45 days to comment in writing. The Secretary had to issue these filing rules within 120 days after November 9, 1978. (2) The Secretary must notify the state agencies that regulate the powerplant named in the petition, and consult with them as much as practical. (3) Within 6 months after the public comment and hearing period ends, the Secretary must issue a final order granting or denying the exemption — unless the Secretary publishes a notice extending that deadline, with reasons. (d) Public comment on prohibitions and exemptions. (1) For any proposed rule or order imposing a ban, or any exemption petition, anyone interested must get a chance to speak at a public hearing and to question: (A) other people who spoke; (B) government employees or contractors who wrote or spoke about the proposal; and (C) experts whose information was used in someone else's presentation — on disputed facts. The Secretary can limit questioning that is repetitive or won't help resolve the facts efficiently. Evidence can be given orally or in writing, but the Secretary must screen out evidence that isn't relevant, isn't material, or repeats what's already been said. (2) A rule or order under this section can only be issued based on the full hearing record (or the parts a party points to), and only if it's backed by reliable, solid, and substantial evidence. (e) Transcript. A transcript must be kept of any public hearing held under this section. (f) EPA comment. Any proposed rule or order banning something under this chapter (except under section 8374), or any exemption or permit petition (except under section 8374), must go to the EPA Administrator, who gets the same time as the public to comment — unless the Clean Air Act requires more time. The EPA Administrator gets the same rights to comment and question as other interested people under subsection (d). (g) Repealed. This subsection was repealed by a 1987 law (Pub. L. 100-42) and no longer has effect. (h) Coordination with other laws. (1) Except as sections 8412(c)(4), 8433(d)(5), and 8434 provide, title V of the Department of Energy Organization Act does not apply to this chapter. (2) The procedures in subsections (a) through (g) don't apply to actions taken under section 8374. (3) The procedures in this chapter can't be changed or affected by another law unless that law specifically amends this chapter, and can't be overridden by another law unless that law specifically says, in so many words, that it supersedes this chapter's procedures.