Case Type Number:
Statute (Common Name):
Clean Air Act
Brief Description of Case Type:
Proceedings on application by regulated entity for waiver of interim requirement that each primary nonferrous smelter order (NSO) provide for use of continuous emission reduction technology. EPA staff issues tentative determination on waiver requests. Public notice of this tentative determination is then issued through publication in newspaper and posting in principle office of municipality in which smelter is located. Any person may request a public hearing, The Administrator (or designee) has discretionary authority to grant hearing request to resolve disputed facts or other reasons. If hearing request granted, then matter referred to an Administrative Law Judge who presides in conjunction with an EPA panel consisting of EPA employees with special expertise in matters at issue, including economists and engineers.
Relief Available in Actions Filed By Private Parties:
Waiver/Exemption/Relief from Regulatory Requirement
Verified by Agency: