Harvest Four Corners, LLC (Board decision, November 3, 2022)

Plain-English summary

Harvest Four Corners, LLC and EPA jointly moved to dismiss a petition concerning the Title V permit renewal application for the Los Mestenios Compressor Station. EPA had rescinded an April 5, 2022 incompleteness determination and a September 8, 2022 permit decision, and confirmed that the facility’s application shield had been in place since the permit expired on August 8, 2022. The EAB granted the motion and dismissed the petition under 40 C.F.R. § 124.19(k). The order does not decide the merits of the permit issues or assess a penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: Procedural. The joint motion was granted and the petition for review was dismissed.
• Key point: The EAB dismissed the petition after the challenged EPA permit actions were rescinded and the parties continued working on the permitting process.

Full text (EPA EAB public release)

                                                                          F I L E D
                                                                              Nov 03, 2022
                                                                         Clerk, Environmental Appeals Board
                                                  INITIALS ________________________
                    ENVIRONMENTAL APPEALS BOARD
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.


                                              )

In re: )
) CAA Appeal No. 22-02
Harvest Four Corners, LLC )
)
CAA Permit No. R6FOP-NM-040R2 )
)

                      ORDER GRANTING MOTION TO DISMISS

      On November 2, 2022, the Parties filed a Joint Motion for Dismissal of the Petition for

Review of Clean Air Act Permit No. R6FOP-NM-040R2 (“Motion”), which concerns

Petitioner’s Title V permit renewal application for the Los Mestenios Compressor Station

(“facility”). In the Motion, the Parties explain that they met on October 24, 2022, to resolve the

matter. See Joint Motion for Dismissal at 1 (Nov. 2, 2022). As a result of the meeting, the

Motion states that the U.S. Environmental Protection Agency (“EPA”) issued a letter on October

31, 2022, rescinding its April 5, 2022 incompleteness determination as well as the September 8,

2022 permit decision, and confirming that the facility’s application shield has been in place since

the permit expired on August 8, 2022. See id. at 2; Letter from David Garcia, Dir., Air and

Radiation Div., U.S. EPA Region 6, to Emily C. Schilling, Partner, Holland & Hart 1 (Oct. 31,

2022). Both Parties indicate their intention to continue working collaboratively on the permitting

process. See Motion at 1.
 Based on the representations in the Motion, the Environmental Appeals Board GRANTS

the Motion and DISMISSES the Petition for Review. See 40 C.F.R. § 124.19(k).

   So ordered. 1


                                             ENVIRONMENTAL APPEALS BOARD

Dated: November 3, 2022 By: ________
Mary Kay Lynch
Environmental Appeals Judge

   1
    The three-member panel deciding this matter is composed of Environmental Appeals

Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.

                                       -2-

CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Order Granting Motion to Dismiss in the matter of

Harvest Four Corners, LLC, CAA Appeal No. 22-02, were sent to the following persons in the manner indicated:

By Email:
For: Harvest Four Corners, LLC
Emily Schilling William Puplampu Holland & Hart LLP Assistant Regional Counsel, Region 6 222 South Main Street, Suite 2200 U.S. Environmental Protection Agency Salt Lake City, UT 84101 1201 Elm Street, Suite 500 [email protected] Dallas, TX 75270 Tel. 801-799-5753 [email protected]
Tel. 214-665-8591
Aaron B. Tucker
Holland & Hart LLP Gautam Srinivasan 555 17th Street, Suite 3200 Associate General Counsel, Air and Denver, CO 80202 Radiation Law Office [email protected] Office of General Counsel Tel. 303-295-8369 U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
William L. Wehrum Washington, DC 20460 Wehrum Environmental Law LLC [email protected] 1629 K Street, NW, Suite 300 Tel. 202-564-7606 Washington, DC 20006 [email protected] Matthew McNerney Tel. 302-300-0388 Attorney-Advisor, Air and Radiation Law
Office
For: EPA Office of General Counsel James McGuire U.S. Environmental Protection Agency Regional Counsel, Region 6 1200 Pennsylvania Avenue, NW U.S. Environmental Protection Agency Washington, DC 20460 1201 Elm Street, Suite 500 [email protected] Dallas, TX 75270 Tel. 202-564-1049 [email protected] Tel. 214-665-2760

Dated: ____
Nov 03, 2022 ______
Emilio Cortes
Clerk of the Board