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

(a) Unless this section or another chapter provision says otherwise, rules under this chapter must follow section 553 of title 5. (b) Before the Secretary^* issues a rule or order imposing a prohibition, the Secretary must publish the proposal in the Federal Register with reasons and, for a rule, a detailed statement of special circumstances or characteristics considered. A copy must go to the operator of any powerplant^* specifically identified. (c)(1) An exemption petition must be filed at the time and in the form set by rule. The Secretary must publish notice, the petition’s reasons, and at least 45 days for written public comments. These rules had to be issued within 120 days after November 9, 1978. (2) The Secretary must notify and, as far as practicable, consult the appropriate State^* agencies with primary authority over the powerplant. (3) Within 6 months after the comment and hearing period, the Secretary must issue a final order granting or denying the petition. The period may be extended to a stated date if notice and reasons are published in the Federal Register. (d)(1) Interested people must have a public hearing opportunity to present oral information, views, and arguments on a proposed prohibition or exemption order. They may question oral presenters; U.S. employees and contractors involved in submissions or development; and experts or consultants whose information appears in a presentation, on disputed material facts. The Secretary may limit questioning if it is duplicative or is not likely to result in a timely and effective resolution of those disputed material issues. The Secretary must exclude irrelevant, immaterial, or unduly repetitive evidence as a matter of policy. (2) A covered rule or order may issue only after considering the whole record, or cited parts, and reliable, probative, substantial evidence. (e) A transcript must be kept for every hearing under this section. (f) Except for section 8374 matters, the Secretary must send each proposed prohibition rule or order and each exemption or permit petition to the EPA Administrator^* and request comments during the public period, unless the Clean Air Act allows a longer period. The Administrator gets the same opportunity to comment and question as other interested people. (g) Repealed by Pub. L. 100–42, § 1(c)(16)(E), May 21, 1987, 101 Stat. 313. (h)(1) Except for sections 8412(c)(4), 8433(d)(5), and 8434, title V of the Department of Energy Organization Act does not apply to this chapter. (2) This section’s earlier provisions do not apply to authority exercised under section 8374. (3) Chapter procedures are not changed by another law unless that law specifically amends this chapter or a cited provision, and are not superseded unless the other law specifically says it supersedes this chapter’s procedures in whole or part.