West Boise Wastewater Treatment Facility (Board decision, June 8, 2012)

Plain-English summary

EPA Region 10 issued an NPDES permit to the City of Boise for the West Boise Wastewater Treatment Facility. Idaho Rivers United petitioned the Environmental Appeals Board for review and later asked to withdraw its petition after the Region, the City of Boise, and the Idaho Department of Environmental Quality made commitments that apparently satisfied its concerns. The Board granted the withdrawal and dismissed the petition with prejudice. The Board denied the Region's motion for more time to respond as moot.

Decision snapshot

• Cited authorities: None stated in the released order
• Outcome: The petition was withdrawn and dismissed with prejudice, and the Region's extension motion was denied as moot.
• Key point: A voluntary withdrawal for good cause ended the permit appeal without a merits decision.

Full text (EPA EAB public release)

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

In re:

West Boise Wastewater Treatment Facility NPDES Appeal No. 12-02

NPDES Permit No. ID 0023981

ORDER DISMISSING PETITION FOR REVIEW

On March 15, 2012, U.S. Environmental Protection Agency Region 10 ("Region") issued a National Pollutant Discharge Elimination System ("NPDES") final permit, NPDES Permit No. ID 0023981, to the City of Boise for its West Boise Wastewater Treatment Facility ("Facility"). Idaho Rivers United ("IRU") filed a timely petition seeking review of the permit with the Environmental Appeals Board ("Board").

On June 5, 2012, the Board received a motion from IRU seeking to voluntarily withdraw its petition in the above-captioned matter. In its request, Petitioner states that the Region, the City of Boise, and the Idaho Department of Environmental Quality have made commitments that apparently satisfy Petitioner's concerns. Motion to Withdraw Appeal at 1. The Region filed a Response to Motion to Withdraw Appeal on June 6, 2012, indicating that it does not oppose IRU's motion to withdraw. The Region also filed a motion on June 6, 2012, requesting an extension of time to file its response to the petition for review. The Region noted that should the Board grant IRU's motion to withdraw, no response would be due from the Region. Motion for Extension of Time at 1.

For good cause shown, the Board grants Petitioner's motion to withdraw its appeal and hereby DISMISSES WITH PREJUDICE the Petition, NPDES Appeal No. 12-02, in its entirety. The Board DENIES the Region's motion for an extension of time as moot.

So ordered.

ENVIRONMENTAL APPEALS BOARD

Dated: June 8, 2012 By: [signature]

Leslye M. Fraser
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of West Boise Wastewater Treatment Facility, NPDES Appeal No. 12-02, were sent to the following persons in the manner indicated:

By EPA Pouch Mail

Mark A. Ryan
Assistant Regional Counsel
U.S. EPA, Region 10
Idaho Operations Office
1435 North Orchard Street
Boise, ID 83706

By Certified First Class Mail,
Return Receipt Requested

Rick Eichstaedt
Gonzaga Environmental Law Clinic
721 North Cincinnati Street
Spokane, WA 99220-3528

Dated: June 8, 2012 [signature]

Annette Duncan
Secretary