South Carolina Electric & Gas Company, Cope Station (Board decision, March 26, 2008)

Plain-English summary

South Carolina Electric & Gas Company asked to withdraw its petition challenging the NPDES permit for the Cope Station. The company said it and EPA Region 4 reached an agreement on all issues raised in the appeal, reflected in a modified permit decision. The EAB granted the request and dismissed the appeal with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. pt. 124
• Outcome: The motion to withdraw was granted, and NPDES Appeal No. 06-09 was dismissed with prejudice.
• Key point: A permit appeal may be withdrawn after the petitioner and permitting authority resolve the issues in a modified permit decision.

Full text (EPA EAB public release)

                     BEFORE THE ENVIRONMENTAL APPEALS BOARD
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.

In re: )

South Carolina Electric & )
Gas Company - Cope Station NPDES Appeal No. 06-09

Permit No. SC0045772 )

                   ORDER GRANTING MOTION TO WITHDRAW PETITION

     By motion dated March 24, 2008, Petitioner, South Carolina Electric & Gas Company -- Cope Station, moves to withdraw its Petition for Review filed with the Environmental Appeals Board under the provisions of 40 C.F.R. pt. 124. Petitioner explains that the permitting authority, U.S. EPA Region 4, and Petitioner reached an agreement with respect to all the issues raised on appeal, and that such agreement is reflected in the modified NPDES permit decision the Region recently issued.¹

     Upon consideration, Petitioner's request to withdraw NPDES Appeal No. 06-09 is granted. The Board hereby dismisses the appeal in its entirety with prejudice.

     So ordered.

                        ENVIRONMENTAL APPEALS BOARD

Dated: March 26, 2008 By: [signature]
Kathie A. Stein
Environmental Appeals Judge

    ¹ The Region issued a modified NPDES permit on February 7, 2008.

                                  - 2 -

CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Order Granting Motion to Withdraw Petition in the matter of South Carolina Electric & Gas Company -- Cope Station, NPDES Appeal No. 06-09, were sent to the following persons in the manner indicated:

By EPA Pouch Mail
and via facsimile:

         Philip G. Mancusi-Ungaro
         Office of Regional Counsel
         U.S. EPA, Region IV
         61 Forsyth Street, S.W.
         Atlanta Federal Center
         Atlanta, Georgia 30303-8960
         Fax #: (404) 562-9664

By Certified U.S. Mail,
Return Receipt Requested
and facsimile:

         Elizabeth B. Partlow, Esq.
         Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
         1320 Main Street, Suite 600
         Columbia, SC 29201
         Fax #: (803) 254-6517

By First Class Mail Postage Prepaid:

         Thomas G. Eppink, Esq.
         Assistant General Counsel
         SCANA Corporation
         1426 Main Street
         Columbia, SC 29218
         Phone #: (803) 217-9448

Date: March 26, 2008 [signature]
Annette Duncan
Secretary