40 C.F.R. §124.19 - Appeal of RCRA, UIC, NPDES and PSD Permits

Cite as40 C.F.R. §124.19
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44 cases
  • Natural Res. Coun. of Me. v. International Paper, No. CV-05-109-B-W.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • March 28, 2006
    ...any possible ambiguity on the status of the 1992 permit and the hearing request, we are hereby withdrawing the permit pursuant to 40 C.F.R. § 124.19(d) (65 Fed.Reg. at According to our records, [IP] has reapplied for a new permit. The new NPDES permit will be reissued either by EPA New Engl......
  • Her Majesty The Queen In Right of the Province of Ontario v. City of Detroit, s. 88-1217
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 2, 1989
    ...under a delegation agreement such as Michigan's can be appealed to the EPA administrator within thirty days of permit issuance. See 40 C.F.R. Sec. 124.19(a) (1987). The administrator's decision is then subject to judicial review. 42 U.S.C. Sec. B. The Michigan Air Pollution Act The Michigan......
  • Northside Sanitary Landfill, Inc. v. Thomas, 85-2119
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • December 29, 1986
    ...Northside to commence immediate closure proceedings under the applicable Indiana regulations. On November 8, 1984, pursuant to 40 C.F.R. Sec. 124.19, Northside petitioned the Administrator for review of the Region V order that denied its permit application and ordered closure. Attached to N......
  • City of Taunton v. U.S. Envtl. Prot. Agency, 16-2280
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • July 9, 2018
    ...and draft permit—fails to convince us that the EAB acted arbitrarily or capriciously in policing its waiver rule. See 40 C.F.R. §§ 124.13, 124.19 (requiring that permit appellants raising new arguments "explain why such issues were not required to be raised during the public comment period"......
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4 firm's commentaries
6 books & journal articles
  • Civil Enforcement of the Clean Air Act
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...(2) appeals from decisions relating to the issuance, modiication, or revocation of permits issued by EPA that are subject to 40 C.F.R. §§124.19, 124.91; and (3) petitions to the EAB for reimbursement of costs incurred in cleaning up a hazardous waste site. he EAB also has jurisdiction over ......
  • Judicial Challenges to Federal Agency Action
    • United States
    • ABA General Library Environmental Litigation: Law and Strategy. Second Edition -
    • January 1, 2019
    ...to Comment at Your Own Risk: Does Issue Exhaustion Have a Place in Judicial Review of Rules?, 70 ADMIN. L. REV. 109 (2018). 72. See 40 C.F.R. § 124.19(l)(1) (2012). 73. CAA § 307, 42 U.S.C. § 7607(d)(7)(B) bro53655_01_ch01_001-044.indd 18 5/22/19 10:51 AM Judicial Challenges to Federal Agen......
  • Preconstruction Permits: New Source Performance Standards and New Source Review
    • United States
    • Air pollution control and climate change mitigation law
    • August 18, 2010
    ...operating restrictions. In 1994, a second PSD permit allowed a sixth generator and imposed a new operational cap. In 1996, Cominco 160. 40 C.F.R. §124.19. 161. Sheila Schimpf, Inconsistent Application of BACT Standards Suggested in Comments by Michigan Oicials , 33 Env’t Rep. (BNA) 2150 (Oc......
  • The Public Participation Process
    • United States
    • RCRA permitting deskbook
    • May 10, 2011
    ...as discussed below. EPA Permit Decisions Most categories of EPA permit decisions are subject to the administrative appeal procedures of 40 C.F.R. §124.19 (see Box 5.2). 53 Section 124.19(a) creates a direct administrative appeal to the EAB provided a petition is iled within 30 days from the......
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