Amgen Manufacturing, Ltd. (Board decision, March 19, 2012)

Plain-English summary

Amgen Manufacturing, Ltd. appealed an NPDES permit issued by EPA Region 2 for permit PR0026695. Amgen and Region 2 asked the Board to stay the matter while they pursued settlement through the EAB's pilot alternative dispute resolution program. Amgen later reported that the parties reached a final agreement that resulted in modifications to the permit, effective May 1, 2012. The Board granted Amgen's motion and dismissed the appeal.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The Board granted Amgen's motion and dismissed NPDES Appeal No. 11-09 after the parties reached an agreement resulting in permit modifications.
• Key point: A settlement that produces agreed permit modifications can resolve an NPDES appeal and support dismissal.

Full text (EPA EAB public release)

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

                                        )
                                        )

In re: Amgen Manufacturing, Ltd. ) NPDES Appeal No. 11-09
)
NPDES Permit No. PR0026695 )
)

                           ORDER DISMISSING APPEAL


     On November 28, 2012, Amgen Manufacturing Limited appealed from the Final NPDES

Permit, No. PR0026695, issued by U.S. EPA Region 2 on October 18, 2011. Appellant and
Region 2 subsequently requested a stay of the matter in order to pursue settlement through the
Environmental Appeals Board’s pilot alternative dispute resolution (“ADR”) program, which the
Board granted. On March 15, 2012, Appellant filed a Motion to Dismiss the appeal stating that
the parties have reached final agreement resulting in the issuance of modifications to the
Appellant’s NPDES Permit which shall take effect on May 1, 2012.

     Having duly considered the motion and for good cause shown, the Board GRANTS

Appellant’s motion and dismisses NPDES Appeal No. 11-09.

     So ordered.

                                                 ENVIRONMENTAL APPEALS BOARD

Dated: March 19, 2012 By: [signature]
Catherine R. McCabe
Environmental Appeals Judge

CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Order Dismissing Appeal in the matter of Amgen

Manufacturing, Ltd., NPDES Appeal No. 11-09, were sent to the following persons in the
manner indicated:

By U.S. First Class Mail:
Matthew Wein
Counsel for Amgen Manufacturing, Ltd.
One Amgen Center Drive, MS 28-1-A
Tel: (805) 447-3727
Fax: (787) 916-8936

By EPA Pouch Mail:
Kim M. Kramer
Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway, 16th Floor
New York, NY 10007-1866
Tel: (212) 637-3238
Fax: (212) 637-3202

                                               Annette Duncan
                                               Secretary
                                               March 19, 2012