United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2013_register executive 2013-01-25 article Rules and Regulations D09002ee1c7fbee5a D09002ee1c7fbef7c United States Environmental Protection Agency originator org United States Government Agency or Subagency This rule revises existing procedures for appeals from RCRA, UIC, NPDES, PSD or other final permit decisions that are filed with the Environmental Appeals Board in an effort to simplify and make more efficient the review process, particularly in appeals from permits issued under new source review provisions. Most significantly, the changes reconcile current provisions of the regulation governing appeals, which over time has proven to be somewhat confusing and redundant. The changes will bring the regulation more fully in line with current practice. Under the current rule, a Petitioner is required to file a substantive petition for review demonstrating that review is warranted. The Environmental Appeals Board considers that substantive petition, as well as any briefs filed in response to the petition, to determine whether to grant review. If review is granted, the current rule contemplates that a second substantive round of briefing is begun and another substantive review process occurs. In practice, however, the Board has determined that a second round of briefing generally is unnecessary because in nearly all cases, a decision on the merits can be made based on the substantive briefs already filed. The changes to the rule clarify to practitioners that substantive briefing must be submitted at the outset of the appeal and that one substantive review will occur. Additional briefing may be ordered when the Board determines it warranted. A number of additional provisions governing procedure are also added to the rule to reflect existing practices that are currently guided by standing orders of the Environmental Appeals Board and its Practice Manual. Revising the regulation to reflect current practice will provide clarity to practitioners before the Board, which will in turn make the appeals process more efficient by avoiding unnecessary filings and Board orders. 78 FR 5281 https://www.govinfo.gov/app/details/FR-2013-01-25/2013-01318 2013-01318 fr25ja13-6 6560-50-P FRL-9723-8 https://www.govinfo.gov/app/details/FR-2013-01-25/2013-01318 https://www.govinfo.gov/content/pkg/FR-2013-01-25/html/2013-01318.htm https://www.govinfo.gov/content/pkg/FR-2013-01-25/pdf/2013-01318.pdf Administrative Practice and Procedures Environmental Protection Hazardous Waste 8 p. 5281 5288 78 FR 5281 Title 40 Part 124 40 CFR Part 124 Title 40 Part 270 40 CFR Part 270 Revisions to Procedural Rules To Clarify Practices and Procedures Applicable in Permit Appeals Pending Before the Environmental Appeals Board; Federal Register Vol. 78, Issue RULE 2013-01318 ENVIRONMENTAL PROTECTION AGENCY 2013-03-26 FRL-9723-8 6560-50-P 2013-01318 Final rule.

This rule revises existing procedures for appeals from RCRA, UIC, NPDES, PSD or other final permit decisions that are filed with the Environmental Appeals Board in an effort to simplify and make more efficient the review process, particularly in appeals from permits issued under new source review provisions. Most significantly, the changes reconcile current provisions of the regulation governing appeals, which over time has proven to be somewhat confusing and redundant. The changes will bring the regulation more fully in line with current practice. Under the current rule, a Petitioner is required to file a substantive petition for review demonstrating that review is warranted. The Environmental Appeals Board considers that substantive petition, as well as any briefs filed in response to the petition, to determine whether to grant review. If review is granted, the current rule contemplates that a second substantive round of briefing is begun and another substantive review process occurs. In practice, however, the Board has determined that a second round of briefing generally is unnecessary because in nearly all cases, a decision on the merits can be made based on the substantive briefs already filed. The changes to the rule clarify to practitioners that substantive briefing must be submitted at the outset of the appeal and that one substantive review will occur. Additional briefing may be ordered when the Board determines it warranted. A number of additional provisions governing procedure are also added to the rule to reflect existing practices that are currently guided by standing orders of the Environmental Appeals Board and its Practice Manual. Revising the regulation to reflect current practice will provide clarity to practitioners before the Board, which will in turn make the appeals process more efficient by avoiding unnecessary filings and Board orders.

This final rule will become effective on March 26, 2013. Eurika Durr, Clerk of the Board, U.S. Environmental Protection Agency, Environmental Appeals Board (EAB), 1200 Pennsylvania Avenue NW., Mail Code 1103M, Washington, DC 20460- 0001; telephone (202) 233-0122; fax number: (202) 233-0121; email Administrative Practice and Procedures Environmental Protection Hazardous Waste Practices and Procedures Applicable in Permit Appeals Pending before the Environmental Appeals Board , durr.eurika@epa.gov http://www.epa.gov/eab http://www.epa.gov/eab/ www.epa.gov/eab Vol. 78, no. 17 Office of the Federal Register, National Archives and Records Administration 2013-01-25 continuing daily deposited born digital 465 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2013-01-25 P0b002ee183b5199f 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr25ja13 https://www.govinfo.gov/app/details/FR-2013-01-25 https://www.govinfo.gov/content/pkg/FR-2013-01-25/pdf/FR-2013-01-25.pdf https://www.govinfo.gov/content/pkg/FR-2013-01-25/xml/FR-2013-01-25.xml fdlp 5253 5705 DGPO 2013-01-25 2024-06-03 FR-2013-01-25 machine generated eng FR FR-2013-01-25 78 17