Environmental Appeals Board

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PERMIT APPEALS:

Appeals from RCRA. UIC, NPDES, PSD and certain other final permit decisions are governed primarily by 40 C.F.R. § 124.19. Other provisions of 40 C.F.R. pt. 124, such as § 124.20, are also applicable in permit appeals.

· Regulatory language of 40 C.F.R. §124.19 (Appeals)
· Regulatory language of 40 C.F.R. § 124.20 (Computation of Time)


Additional information on Board practices may be found in the Board's Guidance Documents and Standing Orders.

ENFORCEMENT APPEALS:

Appeals from initial decisions in an administrative enforcement matter are governed by 40 C.F.R. part 22.

· Regulatory language of 40 C.F.R. pt. 22


Additional information on Board practices may be found in the Board's Guidance Documents and Standing Orders.

Recent Revisions to Procedural Rules:

Effective May 22, 2017, EPA revised parts 22 and 124 of title 40 of the Code of Federal Regulations, making minor amendments to procedural practices. The revisions to the rules: (1) expand the availability of electronic filing and service; (2) set the deadline for filing a response under part 124 based on the date of service of a petition for review, rather than the date of filing; and (3) for part 22 proceedings, specify that the additional period of time added to filing deadlines for responsive documents is three days when responding to a document served by U.S. mail or other similar method - conforming the time period with part 124 and the Federal Rules of Civil Procedure.

More information about these revisions may be found here:


Fact Sheet
Preamble to Rule Revising 40 CFR pts 22 & 124; see also: Rule extending Effective Date to 5/22/17; Correcting amendment for 40 CFR 124.19 (Feb. 1, 2018).

OTHER:

For a list of other regulatory provisions authorizing appeals before the EAB, see the Board's Practice Manual.