Agency:
Scheme Nickname:
Permit adjudications
EPA proceedings on permit actions (e.g., issuance, denial, modification, or termination) governed by Part 124 related to: Resource Conservation and Recovery Act (RCRA); Underground Injection Control (UIC) program under the Safe Drinking Water Act; the Prevention of Significant Deterioration (PSD) program under the Clean Air Act: and, the National Pollution Discharge Elimination System (NPDES) under the Clean Water Act.
Comments/Notes on Adjudication Structure:
Decisions on Part 124-covered permit actions may be made by either an EPA regional administrator or the state/tribal Director of an EPA-approved program. EPA or state/tribal officials must give public notice of draft permit decisions and provide a public comment period. Public (oral) hearings on contested permits are conducted on either a discretionary or mandatory basis (depending on the governing statute) when requested by any interested party, including the applicant. Regulations authorize appeals to the Environmental Appeals Board, which has discretionary authority to review federally-issued RCRA, UIC, PSD, and NPDES permit decisions. Permits issued by state/tribal officials with delegated authority are considered federally-issued permits.
Types of Adjudication:
Type B
Resources & Articles:
EPA EAB Citizen's Guide (Jan. 2013): http://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/8f612ee7fc725edd852570760071cb8e/26e637699cb1cc1685257b50004044f6/$FILE/Citizens%20Guide%20January%202013.pdf
EPA EAB Practice Manual (Aug. 2013): http://www.epa.gov/eab/pmanual.pdf
Distinctive Features:
* EAB "Standing" Requirements: Generally, only persons who filed comments during the public comment period, or who participated in the public hearing, may petition for EAB review.
* EAB Discretionary Review: Petitioners carry the burden of showing that the permit decision warrants review. That is, there is no appeal as of right under Part 124.
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes