862 



away from their homes or regular places of business 

 in the performance of services for the Council, mem- 

 bers of the Council shall be allowed travel expenses, 

 including per diem in lieu of subsistence, in the 

 same manner as persons employed intermittently 

 in the Government service are allowed expenses un- 

 der section 5703(b) of Title 5. 



(d) Advisory committee termination provision inap- 

 plicable. 



Section 14(a) of the Federal Advisory Committee 

 Act (relating to termination) shall not apply to the 

 Council. (July 1, 1944, ch. 373, title XIV, S 1446, as 

 added Dec. 16, 1974, Pub. L. 93-523, § 2(a), 88 Stat. 

 1688.) 



§ 300J-6. Federal agencies. 



(a) Compliance with national primary drinking water 

 regulations; applicable underground injection con- 

 trol programs: compliance with programs, record- 

 keeping, and reports. 



Each Federal agency having jurisdiction over any 

 federally owned or maintained public water system 

 shall comply with all national primary drinking 

 water regulations in effect under section 300g-l of 

 this title, and ecah Federal agency shall comply 

 with any applicable underground injection control 

 program, and shall keep such records and submit 

 such reports as may be I'equired under such pro- 

 gram. 



(b) Waiver; national security; records available in 

 judicial proceedings; publication In Federal Regis- 

 ter; notice to Congressional Committees. 



The Administrator shall waive compliance with 

 subsection (a) of this section upon request of the 

 Secretary of Defense and upon a determination by 

 the President that the requested waiver is necessary 

 in the interest of national security. The Administra- 

 tor shall maintain a written record of the basis upon 

 which such waiver was granted and make such rec- 

 ord avapable for in camera examination when rele- 

 vant in a judicial proceeding under this subchapter. 

 Upon the issuance of such a waiver, the Adminis- 

 trator shall publish in the Federal Register a notice 

 that the waiver was granted for national security 

 purposes, unless, upon the request of the Secretary 

 of Defense, the Administrator determineG to omit 

 such pubhcation because the publication itself would 

 be contrary to the iftterests of national security, 

 in which event the Administrator shall submit no- 

 tice to the Armed Services Committee of the Senate 

 and House of Representatives. (July 1, 1944, ch. 373, 

 title xrv, J 1447, as added Dec. 16, 1974, Pub. L. 93- 

 523, § 2(a), 88 Stat. 1688.) 



§ 300]-?. Judicial review. 



(a) Courts of appeals; petition for review: actions 

 respecting regulntions; filing period; grounds 

 arising after expiration of filing period; exclusive- 

 ness of remedy. 



A petition for review of — 



f 1 ) action of the Administrator in promulgating 

 any national primary drinking water regulation 

 under section 300g-l of this title, any regulation 

 under section 300g-2(b) (1) of this title, any regu- 

 lation under section 300g-3(c) of this title, any 



regulation for State underground injection control 

 programs under section 300h of this title, or any 

 general regulation for the administration of this 

 subchapter may be filed only in the United States 

 Court of Appeals for the District of Columbia Cir- 

 cuit; and 



(2) action of the Administrator in promulgat- 

 ing any other regulation under this subchapter 

 issuing any order under this subchapter, or mak- 

 ing any determination under this subchapter may 

 be filed only in the United States court of appeals 

 for the appropriate circuit. 

 Any such petition shall be filed within the 45-day 

 period beginning on the date of the promulgation 

 of the regulation or issuance of the order with re- 

 spect to which review is sought or on the date of the 

 determination with re.spect to which review is 

 sought, and may be filed after the expiration of such 

 45-day period if the petition is based solely on 

 grounds arising after the expiration of such period. 

 Action of the Administrator with respect to which 

 review could have been obtained under this subsec- 

 tion shall not be subject to judicial review in any 

 civil or criminal proceeding for enforcement or in 

 any civil action to enjoin enforcement. 



(b) District courts; petition for review: actions re- 

 specting variajices or exemptions; filing period; 

 grounds arising after expiration of filing period; 

 exclusiveriess of remedy. 



The United States district courts shall have juris- 

 diction of actions brought to review (1) the grant- 

 ing of, or the refusing to grant, a variance or ex- 

 emption under section 300g-4 or 300g-5 of this title 

 or (2) the requirements of any schedule prescribed 

 for a variance or exemption under such section or 

 the failure to prescribe such a schedule. Such an 

 action may only be brought upon a petition for re- 

 view filed with the court within the 45-day period 

 beginning on the date the action sought to be re- 

 viewed is taken or, in the case of a petition to re- 

 view the refusal to grant a variance or exemption 

 or the failure to prescribe a schedule, within the 45- 

 day period beginning on the date action is required 

 to be taken on the variance, exemption, or schedule, 

 as the CHse may be. A petition for such review may 

 be filed after the expiration of such period if the 

 petition is based solQly on grounds arising after 

 the expiration of such period. Action with respect to 

 which review could have been obtainea under this 

 subsection shall not be subject to judicial review 

 in any civil or criminal proceeding for enforcement 

 or in any civil action to enjoin enforcement. 



(c) Judicial order for additional evidence before Ad- 

 ministrator; modified or new findings; recom- 

 mendation for modification or setting aside of 

 original determination. 



In any judicial proceeding in which review is 

 sought of a determination under this subchapter 

 required to be made on the record after notice and 

 opportunity for hearing, if any party applies to the 

 court for leave to adduce additional evidence and 

 shows to the satisfaction of the court that such addi- 

 tional evidence is material and that there were 



