Harvest Four Corners, LLC (Board decision, November 14, 2025)

Plain-English summary

Harvest Four Corners, LLC petitioned the Environmental Appeals Board to review provisions of its Clean Air Act Title V operating permit. The Board held the matter in abeyance while the parties pursued settlement and EPA Region 6 reopened and revised the permit. EPA issued the revised permit on October 20, 2025, after public comment produced no hearing requests or comments. Because the revised permit removed the provisions at issue, the Board granted the joint motion and dismissed the petition.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 124.19(k), 71.11(l), and 71.11(i)(2)(iii)
• Outcome: The petition for review was dismissed after EPA Region 6 revised the permit to remove the contested provisions.
• Key point: A permit appeal may be dismissed when the agency’s reopened permit eliminates the provisions under review.

Full text (EPA EAB public release)

F I L E D
Nov 14, 2025
Clerk, Environmental Appeals Board
INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

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In re Harvest Four Corners, LLC ) CAA Appeal No. 24-09
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Permit No. R6FOP-NM-04-R3-2023 )
)
)

                 ORDER DISMISSING PETITION FOR REVIEW


                               Decided November 14, 2025



   Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr

   Order of the Board by Judge Avila:


   Harvest Four Corners, LLC petitioned the Environmental Appeals Board to review

certain provisions of a Clean Air Act Title V operating permit, which EPA Region 6 issued to

Harvest. At the request of the parties, the Board has held the matter in abeyance since November

15, 2024, to allow settlement discussions to proceed and to give EPA time to reopen and revise

the permit. On November 5, 2025, Harvest and EPA Region 6 filed a Joint Motion for Dismissal

and Status Report indicating that EPA made a final decision to issue the reopened permit on

October 20, 2025, and requesting dismissal of the petition. Joint Motion for Dismissal and

Status Report at 2 (Nov. 5, 2025) (“Joint Motion”). We grant the Joint Motion.

   A petitioner may request dismissal of a petition by motion stating the reasons for the

Page 2

request. 40 C.F.R. § 124.19(k); see also 40 C.F.R. § 71.11(l) (applying appeal procedures of 40

C.F.R. § 124.19 to Title V federal operating permits). The Joint Motion states that EPA revised

and issued the permit to remove the contested provisions that were the subject of this appeal.

Joint Motion at 2. The Joint Motion further states that EPA sought public comment on a draft

reopened permit and received no requests for hearing or public comments. Id. Accordingly, the

permit took effect immediately upon issuance. 40 C.F.R. § 71.11(i)(2)(iii). Based on the Joint

Motion and the representations contained therein, the Environmental Appeals Board dismisses

the petition for review.

   So ordered.

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                           CERTIFICATE OF SERVICE

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

matter of Harvest Four Corners, LLC, CAA Appeal No. 24-09, were sent to the following persons on November 14, 2025, in the manner indicated:

By E-mail:

Emily C. Schilling William B. Puplampu Sydney J. Sell Pegga Mosavi-Hecht Aaron B. Tucker Office of Regional Counsel, Region 6 Holland & Hart LLP U.S. Environmental Protection Agency [email protected] [email protected] [email protected] [email protected] [email protected]

                                                                       Digitally signed by
                                                                       TOMMIE MADISON
                                                                       Date: 2025.11.14
                                                                       11:33:43 -05'00'
                                                            Tommie Madison
                                                            Clerk of the Board