Los Alamos National Laboratory (Board decision, April 27, 2015)

Plain-English summary

The U.S. Department of Energy and Los Alamos National Security, LLC petitioned the Environmental Appeals Board over NPDES Permit No. NM 0028355. After discussions with the petitioners, EPA Region 6 modified the permit to remove the requirements they challenged. The parties jointly asked the Board to dismiss the petition. Because no dispute remained, the Board granted the motion under 40 C.F.R. § 124.19(k).

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: The petition was dismissed after EPA Region 6 removed the disputed permit provision.
• Key point: A permit appeal can be dismissed when a final permit modification removes the provision at issue and no dispute remains.

Full text (EPA EAB public release)

              BEFORE THE ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, DC

                                  )

In re: )
)
Los Alamos National Laboratory ) NPDES Appeal No. 14-02
)
NPDES Permit No. NM 0028355 )
)

                  ORDER DISMISSING PETITION FOR REVIEW

     On September 15, 2014, the U.S. Department of Energy and Los Alamos National Security, LLC, jointly filed a Petition for Review as to NPDES Permit No. NM 0028355 issued by U.S. Environmental Protection Agency, Region 6. Following discussions between Petitioners and EPA Region 6 (collectively, “Parties”), EPA Region 6 proposed to modify the Permit to remove requirements objectionable to Petitioners. EPA Region 6 issued a final permit modification on March 27, 2015. The Parties now jointly request, by motion, that the Environmental Appeals Board dismiss the Petition.

     Under 40 C.F.R. section 124.19(k), a petitioner may, by motion, request that the Board dismiss its petition. 40 C.F.R. § 124.19(k). The motion must state the reason for which dismissal is sought. Id. Here, dismissal is sought because the disputed permit provision has been removed. Because no dispute remains between the Parties, the Board grants the motion for dismissal of the Petition.

     So ordered.¹

Dated: April 27, 2015 ENVIRONMENTAL APPEALS BOARD

                                        By: [illegible]
                                                    Kathie A. Stein
                                              Environmental Appeals Board

¹
The two-member panel deciding this matter consists of Environmental Appeals Judges Leslye M. Fraser and Kathie A. Stein.

                                          2

                           CERTIFICATE OF SERVICE

   I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Los Alamos National Laboratory, NPDES Appeal No. 14-02 were sent to the following persons in the manner indicated:

By U.S. First Class Mail:

Louis W. Rose
Montgomery & Andrews, P.A.
P.O. Box 2307
Santa Fe, NM 87504-2307

Timothy A. Dolan
Office of Laboratory Counsel
Los Alamos National Laboratory
P.O. Box 1663, MS A187
Los Alamos, NM 87545

Lisa Cummings
Office of Counsel
Los Alamos Site Office
U.S. Department of Energy
3747 West Jemez Rd.
Los Alamos, NM 87544-2690

By Pouch Mail:

Renea Ryland
Assistant Regional Counsel
U.S. EPA, Region 6 (6RC)
1445 Ross Ave., Suite 1200
Dallas, TX 75202

Dated: APR 27 2015
[illegible]
Annette Duncan
Secretary