[Title 40 CFR 124.19]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter D - WATER PROGRAMS]
[Part 124 - PROCEDURES FOR DECISIONMAKING]
[Subpart A - General Program Requirements]
[Sec. 124.19 - Appeal of RCRA, UIC, and PSD permits.]
[From the U.S. Government Publishing Office]




  40
  PROTECTION OF ENVIRONMENT
  9
  1996-07-01
  1996-07-01
  false
  
  124.19
  Sec. 124.19
  
    PROTECTION OF ENVIRONMENT
    ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
    WATER PROGRAMS
    PROCEDURES FOR DECISIONMAKING
    General Program Requirements
  


Sec. 124.19  Appeal of RCRA, UIC, and PSD permits.

    (a) Within 30 days after a RCRA, UIC, or PSD final permit decision 
(or a decision under Sec. 270.29 to deny a permit for the active life of 
a RCRA hazardous waste management facility or unit) has been issued 
under Sec. 124.15, any person who filed comments on that draft permit or 
participated in the public hearing may petition the Environmental

[[Page 505]]

Appeals Board to review any condition of the permit decision. Any person 
who failed to file comments or failed to participate in the public 
hearing on the draft permit may petition for administrative review only 
to the extent of the changes from the draft to the final permit 
decision. The 30-day period within which a person may request review 
under this section begins with the service of notice of the Regional 
Administrator's action unless a later date is specified in that notice. 
The petition shall include a statement of the reasons supporting that 
review, including a demonstration that any issues being raised were 
raised during the public comment period (including any public hearing) 
to the extent required by these regulations and when appropriate, a 
showing that the condition in question is based on:
    (1) A finding of fact or conclusion of law which is clearly 
erroneous, or
    (2) An exercise of discretion or an important policy consideration 
which the Environmental Appeals Board should, in its discretion, review.
    (b) The Environmental Appeals Board may also decide on its 
initiative to review any condition of any RCRA, UIC, or PSD permit 
issued under this part. The Environmental Appeals Board must act under 
this paragraph within 30 days of the service date of notice of the 
Regional Administrator's action.
    (c) Within a reasonable time following the filing of the petition 
for review, the Environmental Appeals Board shall issue an order 
granting or denying the petition for review. To the extent review is 
denied, the conditions of the final permit decision become final agency 
action. Public notice of any grant of review by the Environmental 
Appeals Board under paragraph (a) or (b) of this section shall be given 
as provided in Sec. 124.10. Public notice shall set forth a briefing 
schedule for the appeal and shall state that any interested person may 
file an amicus brief. Notice of denial of review shall be sent only to 
the person(s) requesting review.
    (d) The Environmental Appeals Board may defer consideration of an 
appeal of a RCRA or UIC permit under this section until the completion 
of formal proceedings under subpart E or F relating to an NPDES permit 
issued to the same facility or activity upon concluding that:
    (1) The NPDES permit is likely to raise issues relevant to a 
decision of the RCRA or UIC appeals;
    (2) The NPDES permit is likely to be appealed; and
    (3) Either: (i) The interests of both the facility or activity and 
the public are not likely to be materially adversely affected by the 
deferral; or
    (ii) Any adverse effect is outweighed by the benefits likely to 
result from a consolidated decision on appeal.
    (e) A petition to the Environmental Appeals Board under paragraph 
(a) of this section is, under 5 U.S.C. 704, a prerequisite to the 
seeking of judicial review of the final agency action.
    (f)(1) For purposes of judicial review under the appropriate Act, 
final agency action occurs when a final RCRA, UIC, or PSD permit is 
issued or denied by EPA and agency review procedures are exhausted. A 
final permit decision shall be issued by the Regional Administrator:
    (i) When the Environmental Appeals Board issues notice to the 
parties that review has been denied;
    (ii) When the Environmental Appeals Board issues a decision on the 
merits of the appeal and the decision does not include a remand of the 
proceedings; or
    (iii) Upon the completion of remand proceedings if the proceedings 
are remanded, unless the Environmental Appeals Board's remand order 
specifically provides that appeal of the remand decision will be 
required to exhaust administrative remedies.
    (2) Notice of any final agency action regarding a PSD permit shall 
promptly be published in the Federal Register.
    (g) Motions to reconsider a final order shall be filed within ten 
(10) days after service of the final order. Every such motion must set 
forth the matters claimed to have been erroneously decided and the 
nature of the alleged errors. Motions for reconsideration under this 
provision shall be directed to, and decided by, the Environmental 
Appeals Board. Motions for reconsideration directed to the 
administrator, rather than to the Environmental Appeals Board, will not 
be considered, except in cases that the Environmental

[[Page 506]]

Appeals Board has referred to the Administrator pursuant to Sec. 124.2 
and in which the Administrator has issued the final order. A motion for 
reconsideration shall not stay the effective date of the final order 
unless specifically so ordered by the Environmental Appeals Board.

[48 FR 14264, Apr. 1, 1983, as amended at 54 FR 9607, Mar. 7, 1989; 57 
FR 5335, Feb. 13, 1992]