Time to Petition for Review of Epa Decisions
Notice: The Bureau has recently published a final dominion amending the regulations for appeals before the Ecology Appeals Board. The dominion has an effective date of September 21, 2020. These FAQs have not been reviewed to determine if any changes are needed to reverberate the rule. Filers are advised to consult the final dominion before filing appeals or other submissions with the Board. More information is available here.
The Environmental Appeals Board in General
Procedures Governing Cases Appealed to the Environmental Appeals Lath
Format Requirements for Documents
Filing Documents with the Environmental Appeals Lath
Oral Arguments
Environmental Appeals Board Decisions
Alternative Dispute Resolution (ADR)
The Environmental Appeals Board in Full general
1. � What is the Environmental Appeals Board?
2. � How can I contact the Lath?
3. � What environmental laws does the EAB consider?
four. � How does the Lath prioritize its case load?
5. � How does the EAB make decisions?
6. � Who are the members of the Board?
7. � Who are the Counsel to the Board?
8. � Who serves equally Staff to the Lath?
nine. � May I review files at the offices of the EAB?
10. � May I re-create documents at the offices of the EAB? What is the accuse for copying documents?
11. � Whom may I call if I have additional questions that have not been answered hither?
Procedures Governing Cases Appealed to the Ecology Appeals Lath
12. � How may I obtain a copy of the EAB Practice Transmission? � �
13. � What are the procedural rules that govern appeals to the EAB from a permit decision?
14. � What are the procedural rules that govern appeals in Agency enforcement proceedings?
15. � What are the procedural rules that govern a claim submitted pursuant to CERCLA � 106(b) for reimbursement of cleanup costs incurred in complying with an EPA cleanup society?
16. � If counsel for a party changes during the pendency of a proceeding before the Lath, should new counsel file a notice of appearance?
17. � May I entreatment the Board's conclusion to the Administrator?
18. � What is the procedure for withdrawing a petition that has been filed with the Board?
Format Requirements for Documents
19. � What is the required form and content for a petition for review or notice of entreatment?
20. � What is the required grade and content for briefs?
21. � What is the required grade and content for attachments?
22. � How should I cite EAB and pre-EAB opinions in my brief?
Filing Documents with the Environmental Appeals Board
23. � Where should I file a pleading in a matter before the Board?
24. � Is electronic filing available?
25. � Is there a fee for filing a petition or an appeal with the EAB?
26. � How many copies of each filing and each zipper must I file?
27. � Is a pleading timely if information technology is postmarked by the specified filing date or must it be actually received past the Lath by the filing date?
28. � May I fax my petition for review, notice of appeal, or cursory, to the EAB?
29. � May I fax a movement or a response to a motion to the EAB?
30. � If I send documents or correspondence to the Lath by a commercial delivery service, where should I send them?
31. � May I electronically file documents containing confidential business organization information (CBI) or other private information?
32. � May I electronically file attachments supporting a brief, move, or other certificate together as one document file?
33. � Is my signature required on documents that are electronically filed?
34. � What if I need technical help or experience technical difficulties when electronically filing documents?
35. � What information must be included in my filing?
Oral Arguments
36. � Does a party to an appeal have a right to obtain an oral argument before the Board? 37. � May I attend an oral statement before the Board? How often are they scheduled?
Environmental Appeals Lath Decisions
38. � Where can I observe prior opinions of the Environmental Appeals Board? �
39. � Can I find out when the Board will result a decision in my case?
Alternative Dispute Resolution (ADR)
40. Does the EAB support the use of Alternative Dispute Resolution (ADR) to resolve conflicts before the Board?
41. � Where tin can I observe out more than information almost the EAB'south ADR programme? �
(i) What is the Environmental Appeals Board?
- The Environmental Appeals Board (EAB) of the U.S. Environmental Protection Bureau is the final Agency decisionmaker on authoritative appeals under all major environmental statutes that EPA administers.��Information technology is an impartial body contained of all Agency components outside the immediate Office of the Administrator.��Information technology was created in 1992 in recognition of the growing importance of EPA adjudicatory proceedings as a mechanism for implementing and enforcing the environmental laws.��The EAB mostly sits in panels of three judges who make decisions by majority vote. The EAB's caseload consists primarily of appeals from allow decisions and ceremonious punishment decisions.��The EAB has authorisation to hear permit and civil penalization appeals in accord with regulations delegating this potency from the EPA Administrator.��Appeals from permit decisions fabricated by EPA'southward Regional Administrators (and in some cases, land permitting officials) may be filed either by permit applicants or other interested persons.��A grant of review of a let decision is at the EAB'due south discretion.��Allow appeals are governed primarily by procedural regulations at 40 C.F.R. Part 124.��Appeals of civil penalisation decisions fabricated past EPA's administrative constabulary judges may be filed, as a matter of right, either past private parties or by EPA.��Penalty appeals are governed primarily by procedural regulations at 40 C.F.R. Role 22. An additional portion of the EAB's caseload consists of petitions for reimbursement of costs incurred in complying with cleanup orders issued under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).��The EAB decides these matters pursuant to a delegation of potency from the Administrator.��The EAB is also authorized to hear appeals from various authoritative decisions under the Clean Air Act'south acrid pelting program at forty C.F.R. Role 78 and appeals of federal Clean Air Act Title V operating permits issued pursuant to 40 C.F.R. Part 71.
Dorsum�to�Summit
� (two) How can I contact the Board?
- The Board's telephone number is (202) 233-0122.
The Lath's fax number is (202) 233-0121.
Dorsum�to�Elevation
(3) What environmental laws does the EAB consider?
All major ecology statutes that EPA administers, including:
- Deed to Prevent Pollution from Ships
- Clean Air Human action
- Make clean Water Act
- Comprehensive Environmental Response, Compensation, and Liability Act
- Emergency Planning and Community Right-to-Know Act
- Federal Insecticide, Fungicide, and Rodenticide Deed
- Marine Protection, Enquiry, and Sanctuaries Act
- Solid Waste material Disposal Act (RCRA)
- Prophylactic Drinking Water Act
- Toxic Substances Control Act
� (iv) How does the Board prioritize its case load?
A number of matters are pending earlier the Lath at all times. Cases are prioritized by the Board in its discretion, ordinarily based on the age of the case. Cases involving new source permits, such as those nether the PSD plan, and cases involving RCRA combustion strategy permits are assigned the highest priority relative to other categories of cases.
�
Back�to�Pinnacle
(5) How does the EAB make decisions?
The EAB generally sits in panels of iii judges who decide each matter past majority vote. 2 members constitute a quorum. Concurring or dissenting opinions may exist issued as appropriate.
Most cases are decided without oral statement, based on the administrative tape and on written briefs submitted past the parties. Still, an oral argument may be scheduled, on move by any party or at the Board'south initiative, where the Board decides that it will assist in determination making. Oral arguments are open to the public.
(6) Who are the members of the Lath?
The EAB currently consists of Environmental Appeals Judges:
| Approximate Aaron P. Avila Judge Avila has substantial litigation and direction experience in matters arising nether federal pollution control and natural resource statutes. Prior to joining the Board, Guess Avila served get-go every bit a staff attorney and and then as an Banana Section Master in the Appellate Section, Environment and Natural Resources Segmentation, U.S. Department of Justice. During his tenure in the Appellate Department, Guess Avila litigated and supervised civil and criminal appellate matters involving major federal environmental and pollution control statutes before the courts of appeals and the Supreme Court on behalf of the United states and its agencies (primarily EPA, the Department of Energy, and the Department of Defense). Judge Avila presented oral argument in more than 30 appeals. Prior to joining the Justice Department, Gauge Avila was an associate at Morrison & Foerster LLP in San Francisco, California and before that he served every bit a judicial law clerk for the Honorable Robert D. Sack of the U.S. Court of Appeals for the Second Circuit. Judge Avila's work has garnered him numerous awards and recognitions, including the Banana Attorney General'south Award for Excellence and EPA's Silver Medal for Superior Service Laurels. Guess Avila earned his Juris Doctor degree, magna cum laude , Society of the Coif, from New York University Schoolhouse of Law, and his Bachelor of Arts and Science degree (Political Science and Civil Technology) from Stanford Academy. Judge Mary Kay Lynch Judge Lynch has extensive litigation and management experience in both the private and public sector. She has served in a number of senior legal and management positions within the EPA, near recently every bit the Acquaintance General Counsel for Solid Waste material and Emergency Response leading the Bureau's participation in Supreme Courtroom, federal Appellate Court and federal dominion making practice in these bailiwick areas. Prior to that she served as Regional Counsel for EPA Region iv in Atlanta, Georgia. There she led a large interdisciplinary staff including attorneys and engineers to provide legal counsel for civil and criminal enforcement cases, defensive litigation, counseling issues, and general law matters. Earlier in her EPA career she served in EPA'southward Part of Enforcement and Compliance Assurance, first in the Federal Facilities Office as Managing director of the Site Remediation and Enforcement Staff and later as Director of OECA's Policy Office . Approximate Lynch has served as the Vice Chair of the Deepwater Horizon Natural Resource Damage Trustee Quango where she has advised on complex and unprecedented issues. Prior to joining EPA, she was engaged in individual law practise.Judge Lynch'southward work has been recognized with numerous awards including the Meritorious Presidential Rank Honour, the EPA Excellence in Direction Award and EPA Gilded and Silver Medals. She earned a Juris Doctor degree, from the University of Georgia School of Law, where she served as the Executive Editor of the Georgia Journal of International and Comparative Law . She earned a Bachelor of Arts, magna cum laude , from Boston College and was office of the Scholars of the College plan. Judge Kathie A. Stein Judge Stein has nearly 40 years of legal feel in both the individual and public sectors. Prior to her appointment to the Lath, Guess Stein held several leadership positions at EPA, including Manager of EPA's Air Enforcement Division within EPA's Role of Enforcement and Compliance Assurance (OECA). She as well headed OECA'due south Resources Conservation and Recovery Act (RCRA) Enforcement Division and served as the Acting Regional Counsel for EPA's Region 3 (Mid-Atlantic Region). In these capacities, she supervised teams of lawyers as well as technical and administrative personnel. Before joining EPA in 1990, Judge Stein held positions with the U.S. Department of Justice's Environment and Natural Resource Sectionalisation, a non profit governmental organization, the Maryland Attorney General's Office, and engaged in private law exercise. Gauge Stein plays a leading role in the Board'southward work on international judicial capacity building. She too oversaw the development Gauge Stein earned her Juris Doctor degree, magna cum laude, in 1979 from the Georgetown University Police force Middle, where she served as an editor of the Georgetown Police force Periodical . She received her Bachelor of Arts (B.A.) degree in 1974 from Oberlin College, where she majored in government. |
 |
(7) Who are the Counsel to the Lath?
Currently vi experienced attorneys serve as counsel to the Board: Nivea Berrios, Kristen DeWire, Catherine Malinin Dunn, Susan Due east. Gardinier, Corin James and Ammie Roseman-Orr. �Counsel assist the Board in reviewing the authoritative tape, analyzing applicable law and Agency policy, and preparing formal written opinions. �They are available to answer questions from litigants and the general public virtually the appeals process.
Back�to�Peak
(8) Who serves as Staff to the Board?
The Clerk of the Lath is Emilio Cortes . Annette Duncan serves as the Board's Administrative Specialist.
(9) May I review files at the offices of the EAB?
Yep. You may review files between 8:xxx a.m. and 4:30 p.m. Monday through Fri (excluding Federal holidays). Appointments to review files should be made in advance with the Clerk of the Board. The Clerk of the Board can be reached either past electronic mail ( Clerk_EAB@epa.gov ) or past calling (202) 233-0122 .
(10) May I re-create documents at the offices of the EAB? What is the charge for copying documents?
Members of the public may not copy documents. Yet, the Clerk of the Board will provide copies of documents in the files. There is a charge of 15 cents per page for copies in excess of 25 pages.
(11) Whom may I telephone call if I accept additional questions that have non been answered here?
The Clerk of the Board is bachelor to answer questions from 8:30 a.chiliad. to 12:00 p.m. and from one:00 p.yard. to 4:30 p.thousand. Eastern Fourth dimension Mon through Friday (excluding Federal holidays). Counsel to the Lath are also bachelor to answer general questions about the appeals process and the Board'south procedures. Counsel to the Board do not provide legal communication to the public and will non discuss the particulars of any matter before the Board. The Clerk of the Board and Counsel to the Board may be reached at (202) 233-0122 . �
(12) How may I obtain a copy of the EAB Exercise Transmission?
The Environmental Appeals Board's Exercise Manual [226 KB] is available in PDF format on the EAB Do Documents section of the Board's Web site ( http://www.epa.gov/eab ) .
(13) What are the procedural rules that govern appeals to the EAB from a permit decision?
Bureau regulations at 40 C.F.R. Function 124 Subpart A, and in particular 40 C.F.R. � 124.19, contain procedures for appealing RCRA, PSD, UIC, and NPDES permit decisions. Procedures for appeals from permits issued under the Make clean Air Deed'south acid rain programme are set forth at 40 C.F.R. Part 78. Procedures for appeals from Clean Air Act title V operating permits are ready forth at 40 C.F.R. Part 71.
The Board's Continuing Orders may set along boosted procedural requirements for appeals of permit decisions. �
�
Back�to�Top(fourteen) What are the procedural rules that govern appeals in Agency enforcement proceedings?
The procedural rules governing Agency enforcement proceedings are set along at xl C.F.R. role 22. The Board's Standing Orders may set forth boosted procedural requirements for enforcement proceedings.
Back�to�Top
�(15) What are the procedural rules that govern a claim submitted pursuant to CERCLA � 106(b) for reimbursement of cleanup costs incurred in complying with an EPA cleanup society?
There are statutory requirements for filing a claim pursuant to CERCLA �106(b), including the requirement that a claim for reimbursement be filed "inside sixty days after completion of the required action." Notwithstanding, there are no regulatory procedures governing CERCLA �106(b) reimbursement petitions.
Boosted information for filing CERCLA �106(b) petitions for reimbursement is contained in the Board's continuing order on procedures for CERCLA petitions .
(xvi) If counsel for a party changes during the pendency of a proceeding before the Board, should new counsel file a notice of advent?
Yes. If counsel changes, or counsel's address, email, fax number, or telephone number changes during the class of the proceeding, it is counsel's responsibleness to inform the Board promptly of the change. Substitute counsel should file a notice of appearance.
(17) May I entreatment the Board's conclusion to the Administrator?
Decisions of the Board by and large are final and, except for cases involving penalty assessments against other federal agencies, may not exist farther appealed to the Administrator. Nonetheless, the parties (other than EPA) take statutory rights of entreatment to federal court under the various environmental statutes.
(18) What is the process for withdrawing a petition that has been filed with the Board?
The petitioner may file a motion requesting that the Lath dismiss the petition. The motion must briefly state the reason for the asking.
(xix) What are the required class and content for a petition for review or a find of entreatment?
Form and content requirements vary slightly based on the type of the appeal. Question ( 35 ) addresses additional information that may exist required for filing. Appendix A of the Environmental Appeals Lath's Practice Manual [226 KB] contains samples of various documents that are filed in EAB proceedings.
a. Petitions for Review of Let Decisions under xl C.F.R. � 124.19
A petition for review of a permit decision under twoscore C.F.R. � 124.19 must comply with the class and content requirements described in 40 C.F.R. � 124.nineteen(d). A petition for review must incorporate a caption that indicates the name of the permit applicant, the permitted facility, and the permit number. A petition for review also must run across the page limitations described in 40 C.F.R. �124.xix(d)(3) and contain, under advisable headings:
- A tabular array of contents, with page references
- A table of government with references to the pages of the cursory of where they are cited
- A table of attachments, if attachments are included with the brief; and
- A statement of compliance with the word limitation, which is specified in 40 C.F.R. � 124.xix(d)(3).
b. Notice of Entreatment under 40 C.F.R. part 22
Notices of appeal filed under forty C.F.R. part 22 must include a explanation that identifies the respondent and the docket number. An appeal brief should accompany the notice of appeal. See Question ( 20 ) for data almost form requirements for appeal briefs filed in cases governed by Role 22.
c. All Other Filings that Commence a Proceeding Before the Lath, including CERCLA Section 106(b) Reimbursement Petitions and Petitions for Review of Let Decisions nether 40 C.F.R. Part 71
The Revised Guidance on Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions provides that petitions for reimbursement should include a caption identifying the name and accost of the facility at which the response action was implemented and the U.Southward. EPA docket number for the section 106(a) order, if issued by EPA. A complete copy of the Department 106(a) order as well should accompany the petition as an attachment. For additional guidance on the grade of attachments with the Board, run across Question ( 21 ).
A petition for review nether Part 71 should contain a caption that indicates the proper noun of the let bidder, the permitted facility, and the permit number.
In that location are no required formats for all other filings that commence a proceeding before the Board.
(twenty) Are in that location required form and content for briefs?
Class and content requirements vary slightly based on the blazon of the appeal. Question ( 35 ) addresses boosted information that may be required for filing. Appendix A of the Ecology Appeals Board'southward Practise Manual [226 KB] contains samples of various documents that are filed in EAB proceedings.
a. Briefs Filed in Appeals of Let Decisions under 40 C.F.R. � 124.nineteen
All briefs must meet the page limitations described in 40 C.F.R. �124.xix(d)(three) and contain, under advisable headings:
- A tabular array of contents, with page references;
- A table of authorities with references to the pages of the brief of where they are cited;
- A table of attachments, if attachments are included with the brief; and
- A argument of compliance with the word limitation, which is specified in twoscore C.F.R. � 124.19(d)(3).
b. Briefs Filed in Appeals of Initial Decisions under 40 C.F.R. office 22 (enforcement cases)
Specifications for the contents of an appeal cursory are set forth at 40 C.F.R. � 22.thirty(a), which provides that the appellant'southward brief shall comprise the following:
- Tables of contents and authorities (with page references);
- A statement of the issues presented for review;
- A statement of the nature of the case and the facts relevant to the issues presented for review (with appropriate references to the record);
- An statement on the issues presented, a curt conclusion stating the precise relief sought, alternative findings of fact; and alternative conclusions regarding issues of constabulary or discretion.
Pursuant to xl C.F.R. � 22.5(c)(2), legal briefs and memoranda that exceed twenty pages in length (excluding attachments) too must contain a tabular array of contents and a tabular array of authorities with page references.
c. Briefs Filed in All Other Proceedings Before the Board
There is no required format for briefs filed in all other proceedings before the Board.
(21) What are the required form and content for attachments?
a. Attachments Supporting Briefs in Appeals of Allow Decisions under forty C.F.R. � 124.19
If the petition or brief includes attachments, a tabular array must be included that provides the title of each appended document and assigns a label identifying where the appended document may be found (e.k. Excerpt from the Response to Comments … Attachment 1).
b. Attachments Supporting Briefs in All Other Cases earlier the Board
In that location is no required format for attachments. Each zipper should be marked clearly with consecutive numbers to distinguish it from other attachments. Attachments should exist referenced clearly in the briefs.
(22) How should I cite EAB and pre-EAB opinions in my cursory?
The Board has adopted official forms of citation for the published opinions of the EAB and for published decisions issued by other Agency decisionmakers before the Lath was created in March 1992. The class of citation for EAB and pre-EAB decisions indicates the volume and page of the Environmental Administrative Decisions (Due east.A.D.) where the opinion appears, the decisionmaker, and the year of the decision. An instance of a citation to an EAB opinion published in Volume 4 of the Eastward.A.D. is every bit follows:
In re Amoco Oil Co., 4 Eastward.A.D. 954 (EAB 1993)
An case of a citation to a specific page of that opinion is as follows:
In re Amoco Oil Co., 4 Due east.A.D. 954, 956 (EAB 1993)
Examples of citations to opinions that were published in Volume iii, and that were issued by the Chief Judicial Officer and the Administrator, are:
In re Boliden-Metech, Inc., 3 E.A.D. 439 (CJO 1990)
In re Cecos International, Inc., iii E.A.D. 77 (Adm'r 1990)
The Lath has adopted a form of commendation for opinions that have not yet been published in the E.A.D. The class of citation indicates the Lath's entreatment number, the decisionmaker, the consummate date of the decision (including month and mean solar day), and the number of the book in which the opinion will appear when it is published. An example of a citation to such an EAB opinion is as follows:
In re Beeland Group, LLC, UIC Appeal Nos. 08-01, 08-02, & 08-03 (EAB Oct. 3, 2008), 13 E.A.D. ___ .
An example of a citation to a specific folio of that opinion is as follows:
In re Beeland Group, LLC, UIC Entreatment Nos. 08-01, 08-02, & 08-03, sideslip op. at 3 (EAB Oct. 3, 2008), xiii Due east.A.D. ___ .
(23) Where should I file a pleading in a matter before the Board?
- You may choose to file a document by paper or electronically . Simply one method is required for a particular document.
Whatsoever envelope or other packaging containing documents sent to the EAB's mailing address or manus-delivery address , should bear a complete and accurate render accost in the upper left paw corner. The envelope or packaging as well should state clearly the case proper name and case identifier in the lower left mitt corner.
In all instances, if an appeal already has been filed with the Clerk of the Board, the case proper noun and case identifier are the name and appeal number assigned to the matter by the Clerk.
If multiple attachments are submitted in difficult copy, at least ane complete set of attachments should be safe banded or clipped together, not screw or "comb" leap.
If an appeal or petition has non yet been filed delight provide the following case identifying information on the envelope or packaging:
For a permit appeal , state the name of the permittee or facility, and the let number (eastward.thousand., NPDES Let No. ID-0000-00).
For an appeal of an enforcement decision , state the name of the non-EPA party and the docket number (e.1000., Dkt. No. CWA-02-0000) of the proceeding beneath.
For a petition for reimbursement of cleanup costs pursuant to CERCLA � 106(b) , state the name of the clean-up site.
If a document or documents being filed contains Confidential Business Information (CBI) or materials claimed equally CBI, such documents should be sent to the Clerk of the Board by U.S. mail, commercial delivery service, or paw commitment. Practise not transmit documents containing CBI or claimed every bit CBI by interoffice postal service. A t a minimum, any document(s) containing CBI or claimed as CBI should be placed in a separate envelope labelled "This Envelope Contains Confidential Business Information (CBI) and/or Material Claimed as CBI: to exist opened by the Clerk of the Board but;" with the case identifying information printed in the lower right-hand corner. (Please note that in some instances, parties may need to take additional measures to protect CBI or material claimed as CBI, if required by applicable statute, regulation, or agency directive.) If possible, please likewise place a postage stamp, watermark, or other prominent written notation on the first page and the dorsum of the last page of the certificate(s) that states: "This Document Contains Confidential Business Information (CBI) and/or Textile Claimed as CBI."
i. EAB Mailing Address
All documents that are sent through the U.S. Postal Service (except by Express Mail) MUST be addressed to the EAB'southward mailing address.
- Clerk of the Board
U.S. Environmental Protection Bureau
Ecology Appeals Board
1200 Pennsylvania Avenue, NW
Mail Code 1103M
Washington, DC 20460-0001
Documents that are sent to the EAB's hand-delivery accost (below) through the U.S. Postal service (except by Express Postal service) will be returned to the sender and shall not exist considered as filed. Express Post is hand-delivered past the U.S. Postal Service and must be delivered as outlined in subpart ii , below. Documents sent past commercial delivery services such as Federal Limited and UPS are also manus-delivered and must exist delivered every bit outlined in subpart two , below.
ii. Hand Delivery Address
Documents that are hand-carried, delivered via courier, mailed by Express Mail, or delivered by a not-U.S. Postal service commercial commitment service (e.chiliad., Federal Express or UPS) MUST exist delivered to the hand delivery address.
Clerk of the Board
U.S. Ecology Protection Bureau
Environmental Appeals Board
1201 Constitution Avenue, NW
WJC Due east Edifice, Room 3332
Washington, DC 20004
Please include the Lath'due south telephone number, (202) 233-0122 , for all manus-delivered documents.
Notation : Documents sent to the Ecology Protection Agency via the U.S. Postal Service may exist delayed past random mail screening and/or sterilization procedures. Delivery of mail addressed to federal government offices within the 20460 Zip code may be delayed every bit long every bit 10-12 days, and delivery of Express Mail to the 20004 Aught code may be delayed as long as half-dozen-seven days. Parties are encouraged to use the Lath'due south electronic filing system or non-U.S. Postal service commercial commitment services and the Board'south hand-delivery accost when filing pleadings with the Board.
b. Electronic Filing
The Board accepts for electronic filing documents in portable certificate format (PDF) – including notices of appeal, petitions for permit review, motions, briefs and accompanying attachments – in cases currently or later on filed with the Board. The EAB uses the EAB eFiling System to receive official filings electronically in lieu of paper filings. Sending a document direct to the Board via e-mail, rather than through the EAB eFiling System, does not constitute electronic filing unless otherwise specified by the Board.
Information on how to electronically file documents is bachelor on this Spider web site at the " Electronic Filing " link. For more data on the Board'due south authorities for electronic filing, please see the Board's Standing Orders and forty C.F.R. � 124.19(i)(2) (for permit cases).
Documents filed electronically must be received by 11:59 p.m. Eastern Time on the twenty-four hours the document is required to exist filed with the Lath to be considered timely.
Dorsum�to�Top
(24) Is electronic filing bachelor?
Yes. Run across Question ( 23 ), the Electronic Filing section of this Web site, and the Board'south Standing Orders .
(25) Is there a fee for filing a petition or an entreatment with the EAB?
No.
(26) How many copies of each filing and each attachment must I file?
The number of copies that shall exist filed with the Lath depends on whether you are filing your documents in hard re-create or electronically . Multiple hard copies of a document that is filed electronically are not required.
a. Hard Re-create Filing
The Lath requests i original and two copies of any document filed in hard copy. Where attachments are more than 30 pages, the Board requests that 3 sets of attachments be filed.
b. Electronic Filing
To the extent that the regulations governing your appeal require that multiple copies of a document be filed, electronically filing one copy of that certificate is deemed to satisfy that requirement. However, the Board requires that an identical paper re-create of any electronically-filed document exceeding fifty pages be sent past U.S. Mail service or delivered to the Board by hand, courier, or commercial delivery service inside one business day of the date of electronic filing.
i. If the number of pages in an electronically-filed certificate exceeds 50 pages, exclusive of the certificate of service, table of contents, and table of authorities, an identical newspaper re-create of that document must be delivered or placed in the U.S. postal service inside one business mean solar day of the appointment of electronic filing. If the combined page length of all of the attachments submitted in support of a brief or motion exceeds 50 pages, the requirement to submit a paper copy, and its timing, applies to the entire prepare of attachments.
The timeliness of a
paper copy of an electronically-filed document that exceeds l pages sent through the U.S. Postal Service will be determined past its postmark. If the paper copy is delivered by courier or commercial delivery service, the timeliness of the submission will exist determined by the verified time when the courier or commercial delivery service took possession of the document. If a document is delivered by hand, the timeliness of the submission will exist determined by the date stamp placed on the document when it is received by the Board.Any paper re-create submitted subsequent to an electronic filing must be accompanied by a signed certification stating that it is identical to the filed electronic copy. The signature should be in blue ink.
- Sample certification linguistic communication:
I certify that the foregoing Detect of Appeal and Entreatment Brief are identical copies of the Find of Appeal and Appeal Cursory electronically filed in this case with the Ecology Appeals Board on November 1, 2016.
(27) Is a pleading timely if information technology is postmarked by the specified filing date or must it be actually received by the Board by the filing date?
Except for petitions for reimbursement filed pursuant to CERCLA � 106(b), the postmark appointment of a pleading is non determinative. A hard re-create document is considered filed with the Board when it is received by the Clerk of the Board at the address specified for the chosen method of commitment as described in Question ( 23 ): a certificate that is sent to the Board's mailing accost is considered filed when the Clerk receives the document at the mailing address , and a document that is sent to the Board's hand-commitment address is considered filed when the Clerk receives the document at the Board's hand-delivery accost .
Hard copy documents received after four:30 p.m. volition be engagement-stamped on the following twenty-four hour period. If the EAB establishes a briefing schedule by club, any engagement the EAB specifies for filing a pleading means the date by which it must exist received , unless otherwise specified in the order.
CERCLA � 106(b) provides that a claim for reimbursement of costs incurred in complying with an gild issued under CERCLA � 106(a) must be filed "inside sixty days subsequently completion of the required action." For the purpose of determining a petitioner'southward compliance with that deadline, the Lath volition look to the postmark date if the petition is sent to the Lath by certified mail, or to the appointment of actual receipt by the Lath if the petition is sent by any other means.
Every bit previously stated, documents may exist filed by hand-delivery with the Clerk of the Environmental Appeals Lath only from 8:xxx a.m. to 12:00 p.m. and from one:00 p.m. to four:30 p.k. Eastern Time, Monday through Friday (excluding Federal holidays).
Annotation: Documents sent to the Environmental Protection Bureau via the U.Southward. Postal service may be delayed by random mail screening and/or sterilization procedures. Delivery of mail addressed to federal government offices within the 20460 cypher code may be delayed every bit long as ten-12 days, and commitment of Express Mail addressed to federal regime offices inside the 20004 naught code may be delayed as long as six-7 days. Parties are encouraged to use the Lath's electronic -filing arrangement or non-U.Southward. Postal service commercial delivery services and the Board'southward paw-delivery address when filing pleadings with the Board.
(28) May I fax my petition for review, notice of appeal, or brief, to the EAB?
No. The Lath will not accept petitions for review, notices of appeal, or briefs, for filing past facsimile.
(29) May I fax a motion or a response to a motion to the EAB?
Yes. The Board's fax number is: (202) 233-0121. A motion or response to a motion may be filed by facsimile if the submission contains no attachments. Within one concern day of faxing the movement or response to a motion, the original document must be submitted to the Board by electronic filing, mail service or paw-delivery. Copies of the faxed movement or response to motion should also be served on other parties.
If on the same mean solar day a move or response to a motion is filed both electronically and past fax, but the electronic filing will be considered part of the record.
(30) If I send documents or correspondence to the Board by a commercial delivery service, where should I send them?
Correspondence sent to the Lath by a commercial delivery service may be delivered to the Board at the following address:
Clerk of the Board
U.S. Ecology Protection Agency
Ecology Appeals Board
1201 Constitution Artery, NW
WJC East Building, Room 3332
Washington, DC 20004
Delight include the Board'due south phone number, (202) 233-0122 , for hand-delivered documents.
Dorsum�to�Top
(31) May I electronically file documents containing confidential business data (CBI) or other Private Information?
- No. Because documents uploaded onto the Board's eFiling system will be available to the public equally office of an electronic docket, filers may not upload whatsoever confidential business organization information or material claimed as CBI. The Board volition consider any claim of confidentiality for whatever business information to be waived if such information is uploaded using this system. Instead, newspaper copies of documents containing CBI or claimed equally CBI should be sent separately to the Clerk of the Board by U.S. mail, commercial delivery service, or hand delivery. Do non transmit documents containing CBI or claimed as CBI by interoffice mail. At a minimum, any documents containing CBI or claimed every bit CBI should be placed in a separate envelope labelled "This Envelope Contains Confidential Business Information (CBI) and/or Material Claimed every bit CBI: to be opened by the Clerk of the Lath merely;" with the case identifying data printed in the lower right mitt corner. (Delight notation that in some instances, parties may demand to accept additional measures to protect CBI or material claimed as CBI, if required past applicable statute, regulation, or agency directive.) If possible, please also place a stamp, watermark, or other prominent written notation on the start page and the back of the last page of the document(s) containing CBI or claimed as CBI that states: "This Document Contains Confidential Business Data (CBI) and/or Material Claimed as CBI."
Additionally, filers may not upload other private information the disclosure of which would constitute an unwarranted invasion of any person's privacy (for example: social security numbers, birthdates, medical records, personal financial information or other private information). For information on how to file confidential business information or other individual materials please visit the eastward-filing page on the EAB website at
www.epa.gov/eab<http://www.epa.gov/eab > or contact the Clerk of the Board< Clerk_EAB@epa.gov >, (202) 233-0122 .(32) May I electronically file attachments together with a brief, movement, or other certificate as one document file?
A motion and associated brief may exist filed together electronically. All attachments filed in support of a brief, motion, or other document must be submitted using the "zipper" link in the EAB eFiling System.
(33) Is my signature required on documents that are electronically filed?
Your employ of electronic filing system fulfills the signature requirement for all purposes nether the relevant regulations governing your appeal. The full name of the person making the filing must exist typed or printed below the signature line of the electronically filed certificate.
If you are electronically filing a document or an attachment or set of attachments that exceeds 50 pages, you must send by U.S. mail or deliver by hand, courier, or commercial commitment service to the Board an identical newspaper copy of that certificate inside ane business organisation day of the date of electronic filing (see Question ( 26b )). All paper copies submitted subsequent to an electronic filing must exist accompanied past a signed certification stating that it is identical to the previously submitted electronic re-create. The signature should be in blue ink.
Sample certification language:
I certify that the foregoing Discover of Appeal and Entreatment Cursory are identical copies of the Notice of Appeal and Entreatment Brief electronically filed in this example with the Environmental Appeals Board on November i, 2016.
(34) What if I demand technical assistance or experience technical difficulties when electronically filing documents?
- If you lot are experiencing issues with access to the electronic filing system (login and password issues), yous may call the EPA Assistance Desk at one-866-411-4EPA. If y'all are experiencing technical difficulties when electronically filing documents you may contact the System Administrator , Emilio Cortes ( Clerk_EAB@epa.gov or (202) 233-0122 ), for filing assistance. If the problem is caused by a system malfunction and neither the EPA Help Desk nor a system ambassador is able to resolve the problem, you lot should promptly notify the Clerk of the Board, Emilio Cortes , and make alternative filing arrangements. If y'all are experiencing problems with the electronic filing arrangement afterwards 4:xxx p.m. Eastern Time, when the Clerk'due south office closes, you should notify the Clerk on the next business day and provide any supporting testify of the trouble, such as a printed copy of an error message or screen impress of an error page. The Board will verify reported outages of the electronic filing system.
At all times, a litigant filing electronically assumes the risk of all errors non solely attributable to a malfunction of the EAB eFiling Organization that may result in the inability to complete an electronic manual.
It is within the Lath'south discretion, on a instance-by-case footing, to accept a late filing under special circumstances. However, "[i]t is a petitioner's responsibility to ensure that filing deadlines are met," In re AES Puerto Rico, L.P., 8 E.A.D. 324 (EAB 1999), and a party filing electronically assumes the take a chance at all times of filing problems caused past its ain errors in using the electronic filing system. A filing trouble not owing to a malfunction of the electronic filing system will non usually be considered a special circumstance justifying late filing. Thus, whatever party filing electronically is brash to allow sufficient time in advance of the filing borderline to right whatever such mistake.Back�to�Top
(35) What information must be included in my filing?
The required information for filings varies slightly depending on the type of the appeal. Appendix A of the Ecology Appeals Lath'south Practice Manual [226 KB] contains samples of diverse documents that are filed in EAB proceedings.
a. Filings in Appeals of Let Decisions under xl C.F.R. � 124.19
Every document filed with the Board must comply with the requirements described in 40 C.F.R. � 124.nineteen(i), which include the post-obit:
- A signature by the party or its representative;
- The signer's proper name, address, and telephone number, as well as an e-mail address (if any), and facsimile number (if any); and
- A certificate of service stating the names of the persons served, the date and style of service, also every bit the electronic, mailing or hand delivery address, or facsimile number, as appropriate.
Delight review xl C.F.R. � 124.xix(i) to ensure compliance with its requirements.
b. Filings in Appeals of Initial Decisions under xl C.F.R. part 22 (enforcement cases)
The first certificate filed by any party must include the name, accost, and telephone number of the person who is authorized to receive service relating to the proceeding, pursuant to 40 C.F.R. � 22.5(c)(4).
All documents filed in part 22 proceedings must include the post-obit:
- A caption that identifies the respondent and the docket number on the document's first page;
- A signature past the party or its representative (40 C.F.R. � 22.five(c)(3); and
- A certificate of service (40 CF.R. � 22.5(a)(3)).
Please review twoscore C.F.R. �� 22.v and 22.xxx to ensure compliance with their requirements.
c. Filings in All Other Proceedings before the Lath
Filers should refer to the Board's standing order on CERCLA department 106(b) Reimbursement Petitions for procedures for filing in such proceedings. Each filing should include the following:
- The petitioner's full proper noun, title, and address; and
- The proper noun, championship, address, telephone number, fax number (if available), and electronic mail accost (if available) of any agent or attorney authorized to represent the petitioner (or, if the petitioner is not represented, the petitioner's own address, phone number, fax number (if available, and e-mail address (if available)).
There are no specified requirements for filings in all other proceedings earlier the Board.
(36) Does a party to an entreatment take a right to obtain an oral argument before the Board?
No. Although the rules do non provide a correct to an oral argument, the Lath will consider a request for an oral statement, and information technology will grant the request if it believes that argument would exist of assistance in resolving the thing in dispute. The Board also may schedule an argument, even if none has been requested, on its ain initiative. Pursuant to 40 C.F.R. � 124.19(h), the Board applies a presumption against oral statement in PSD and other new source permit appeals.
(37) May I nourish an oral argument earlier the Board? How often are they scheduled?
Aye. Oral arguments are open to the public. For security purposes, advance notice is required to proceeds entry into the EPA edifice where the Court is located. Members of the public wishing to attend oral argument must contact the Clerk of the Lath sufficiently in advance of the oral statement to allow the Clerk reasonable opportunity to notify appropriate security personnel (i.e., at to the lowest degree i week prior to scheduled oral argument). Unless indicated otherwise, oral arguments have identify in the EPA's Administrative Courtroom, U.South. Environmental Protection Bureau, William Jefferson Clinton Federal Building East, Room 1152, 1201 Constitution Avenue, NW, Washington, D.C. The Clerk of the Lath can be reached either past email ( Clerk_EAB@epa.gov ) or by calling (202) 233-0122 .
Arguments are scheduled at the Board's discretion. A schedule of oral arguments and their location may exist obtained on this Web site at the Upcoming Oral Arguments link or from the Clerk of the Board.
(38) Where tin can I discover prior opinions of the Environmental Appeals Board?
The total text of all formal EAB opinions may be accessed electronically at the EAB's Web site ( http://www.epa.gov/eab ) and past subscribers to Lexis � and Westlaw � . The opinions are as well published in a series of leap volumes titled Environmental Authoritative Decisions (E.A.D.), which may be purchased from the U.South. Government Press Function, and which may be read at several hundred public and constabulary libraries that are designated Federal Depository Libraries. The opinions are also commercially available in the EPA Authoritative Police force Reporter, EPA Shadow Law (TM) and ELI Ecology Law Reporter.
(39) Can I find out when the Board will issue a decision in my instance?
- No. The Board volition take under consideration a move for expedited consideration of a item thing, based on unusual and compelling circumstances. The motility should clearly state why the political party believes the instance deserves expedited consideration. However, the Board will not routinely provide information equally to when any particular matter will exist decided.
(twoscore) Does the EAB support the use of ADR to resolve conflicts earlier the Board?
The EAB supports the apply of ADR to resolve conflicts before the Board. Resolving conflict through the employ of ADR tin can have many benefits including the faster resolution of bug and more than creative, satisfying and enduring solutions.
The EAB's ADR programme offers parties in many cases the choice of participating in ADR with the assist of an EAB Judge acting equally a neutral evaluator/mediator. The primary purpose of the program is to provide a neutral, confidential forum for the settlement of cases before the Board. Participation is completely voluntary. More information is bachelor on the ADR section of the EAB's Web site.
(41) Where can I find out more than information about the EAB'south ADR plan?
More data about the EAB's ADR programme can exist constitute in the EAB ADR Plan Information Canvass , which is posted in the ADR section of the EAB'due south Spider web site.
perronunamornitand.blogspot.com
Source: https://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/General+Information/Frequently+Asked+Questions?OpenDocument
0 Response to "Time to Petition for Review of Epa Decisions"
Post a Comment