[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR260.20]

[Page 20]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 260_HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL--Table of Contents
 
                     Subpart C_Rulemaking Petitions
 
Sec. 260.20  General.


    (a) Any person may petition the Administrator to modify or revoke 
any provision in parts 260 through 266, 268 and 273 of this chapter. 
This section sets forth general requirements which apply to all such 
petitions. Section 260.21 sets forth additional requirements for 
petitions to add a testing or analytical method to part 261, 264 or 265 
of this chapter. Section 260.22 sets forth additional requirements for 
petitions to exclude a waste or waste-derived material at a particular 
facility from Sec. 261.3 of this chapter or the lists of hazardous 
wastes in subpart D of part 261 of this chapter. Section 260.23 sets 
forth additional requirements for petitions to amend part 273 of this 
chapter to include additional hazardous wastes or categories of 
hazardous waste as universal waste.
    (b) Each petition must be submitted to the Administrator by 
certified mail and must include:
    (1) The petitioner's name and address;
    (2) A statement of the petitioner's interest in the proposed action;
    (3) A description of the proposed action, including (where 
appropriate) suggested regulatory language; and
    (4) A statement of the need and justification for the proposed 
action, including any supporting tests, studies, or other information.
    (c) The Administrator will make a tentative decision to grant or 
deny a petition and will publish notice of such tentative decision, 
either in the form of an advanced notice of proposed rulemaking, a 
proposed rule, or a tentative determination to deny the petition, in the 
Federal Register for written public comment.
    (d) Upon the written request of any interested person, the 
Administrator may, at his discretion, hold an informal public hearing to 
consider oral comments on the tentative decision. A person requesting a 
hearing must state the issues to be raised and explain why written 
comments would not suffice to communicate the person's views. The 
Administrator may in any case decide on his own motion to hold an 
informal public hearing.
    (e) After evaluating all public comments the Administrator will make 
a final decision by publishing in the Federal Register a regulatory 
amendment or a denial of the petition.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 57 
FR 38564, Aug. 25, 1992; 60 FR 25540, May 11, 1995]