February 13, 2013

EAB Permit Appeals Procedure Revised

Anytime EPA issues, denies, modifies, revokes, reissues, or terminates a permit, the decision may be appealed to the agency’s Environmental Appeals Board (EAB). EPA revised the procedures surrounding the permit appeals process on January 25, 2013 [78 FR 5281].

The current procedures, codified in 40 CFR 124.19, apply to RCRA Part B permits and remedial action plans (RAPs), as well as permits issued under some other environmental programs. The revisions conform the regulations to EAB’s current standards and practices and include:

The EAB has also updated its Practice Manual and Citizens’ Guide, both of which are available on the EAB website and following the EAB Guidance Documents link.


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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.