Flint Hills Resources, LP (Board decision, July 22, 2010)

Plain-English summary

Flint Hills Resources, LP petitioned the Environmental Appeals Board to review a letter from EPA Region 6 concerning its Clean Air Act Title V permit. Region 6 later declared the letter void and of no effect. Flint Hills asked to withdraw its petition, and Region 6 did not oppose the request. The Board granted the withdrawal and dismissed the appeal in its entirety with prejudice. The order did not impose a penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19
• Outcome: The petition for review was withdrawn, and the appeal was dismissed in its entirety with prejudice.
• Key point: When the agency action underlying a permit petition is declared void, the petitioner may withdraw the petition and the Board may dismiss the appeal with prejudice.

Full text (EPA EAB public release)

                              F I L E D
                                  Jul 22, 2010
                             Clerk, Environmental Appeals Board
                             INITIALS ________________________
              ENVIRONMENTAL APPEALS BOARD
     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     WASHINGTON, D.C.

                                            )
                                            )

In re: )
)
Flint Hills Resources, LP ) CAA Appeal No. 10-03
)
CAA Permit No. 01445 )
)
--------------------------)

                   ORDER DISMISSING PETITION FOR REVIEW

     On July 20, 2010, Flint Hills Resources, LP ("FHR") filed a motion to withdraw the

Petition for Review it submitted on June 24, 2010, in the above-captioned case; FHR reports

that Region 6 of the U.S. Environmental Protection Agency has declared "void and of no effect"

the letter upon which FHR had based its Petition. FHR reports that Region 6 does not oppose

this motion to withdraw.

     Upon consideration, the Environmental Appeals Board grants FHR's request to withdraw

its Petition for Review, designated CAA Appeal No. 10-03. The Board hereby dismisses the

appeal in its entirety with prejudice.

     So ordered.

                                         ENVIRONMENTAL APPEALS BOARD



                                         By:         ____________________
                                                      Edward E. Reich
                                                     Environmental Appeals Judge




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                            CERTIFICATE OF SERVICE

   I hereby certify that copies of the foregoing Order Dismissing Petition for Review in

the matter of Flint Hills Resources, LP, CAA Appeal No. 10-03, were sent to the following
persons in the manner indicated:

By Facsimile and First Class Mail:

David M. Friedland, Esq.
Beveridge & Diamond PC
1350 I Street, N.W., Suite 700
Washington, D.C. 20005-3311
facsimile: (202) 789-6190

Kevin T. Haroff, Esq.
Shook, Hardy & Bacon LLP
600 Travis Street, Suite 1600
Houston, Texas 77002-2992
facsimile: (713) 227-9508

By Facsimile and EPA Pouch Mail:

Suzanne B. Murray
Regional Counsel
U.S. EPA, Region 6
Fountain Place, 12th Floor, Suite 1200
Mail Code 6RC
1445 Ross Avenue
Dallas, Texas 75202-2733
facsimile: (214) 665-2182

Richard Ossias
Associate General Counsel
Air and Radiation Division
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Mail Code 2344A
Washington, D.C. 20460-0001
facsimile: (202) 564-75603

                                                        Secretary
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