; and (ii) subject to subparagraph (B), not later than 90 days after the date on which the promulgation or denial occurred. (B) Exception A petition described in subparagraph (A) may be brought after the 90-day period described in clause (ii) of that subparagraph if the petition is based solely on grounds that arose after the end of that 90-day period. (C) No review An action of the Administrator with respect to which review could have been obtained under this subsection within the 90-day period described in subparagraph (A)(ii), but was not, shall not be subject to judicial review in any civil or criminal proceeding for enforcement of this title or an amendment made by this title. (3) Proceedings for actions for which notice and comment is required (A) In general With respect to a petition for the judicial review of a determination for which this title or an amendment made by this title requires notice and opportunity for hearing, if the party seeking the judicial review applies to the court for leave to adduce additional evidence, and demonstrates to the satisfaction of the court that the evidence is material and that there were reasonable grounds for the failure to adduce that evidence in the proceeding before the Administrator, the court may order that— (i) additional evidence (and any rebuttal evidence) be taken before the Administrator; and (ii) the Administrator adduce that evidence in the hearing in such a manner and on such terms and conditions as the court determines to be appropriate. (B) Revision Based on any evidence adduced pursuant to subparagraph (A)(ii), the Administrator— (i) may— (I) modify the findings of the Administrator as to the facts; or (II) make new findings; and (ii) if applicable, shall file with the court— (I) any modified or new findings made