City of Harrison, Wastewater Treatment Plant (Board decision, October 11, 2018)

Plain-English summary

The Idaho Conservation League petitioned the Environmental Appeals Board to review an NPDES permit that EPA Region 10 issued to the City of Harrison for a wastewater treatment plant. The Region withdrew the permit provisions challenged in the petition and planned to issue a new draft permit subject to notice and comment. The petitioner supported EPA's motion to dismiss. Because the contested provisions were withdrawn, the Board dismissed the petition as moot. The order preserved the opportunity for notice and comment on the new draft permit.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 124.6, 124.15(a), and 124.19(j)
• Outcome: The petition for review was dismissed as moot after EPA withdrew the challenged permit provisions.
• Key point: Withdrawal of contested NPDES permit provisions can make an EAB petition moot and lead to a new notice-and-comment draft permit.

Full text (EPA EAB public release)

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ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION
WASHINGTON, D.C.

In re:

City of Harrison,
Wastewater Treatment Plant

Permit No. ID-0021997

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OCT 1 1 2018
INITIAL8

NPDES Appeal No. 18-04

ORDER DISMISSING PETITION FOR REVIEW AS MOOT
Petitioner, Idaho Conservation League ("ICL") petitioned the Environmental Appeals Board ("Board") to review a National Pollutant Discharge Elimination System ("NPDES") Permit that EPA Region 10 issued to the City of Harrison for a wastewater treatment plant. The

Region's response to that petition is currently due on October 11, 2018. On October 10. 2018.

U.S. EPA Region 10 moved the Environmental Appeals" Board to dismiss as moot the abovecaptioned Petition for Review, indicating the following, as grounds for dismissal:

The Region has withdrawn the permit provisions challenged in the petition and will issue a new draft permit pursuant to 40 C.F.R. §124.6 that will be subject to notice and comment pursuant to 40 C.F.R. §124.15(a).
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Because the contested permit provisions have been withdrawn, the issues raised in the Petition are moot. 40 C.F.R. § 124.19(j) provides that, at any time prior to thirty days after the Region files its response brief, the Region may withdraw portions or all or a contested permit and prepare a new draft permit under § 124.6 addressing the portions of the permit that have been withdrawn.

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Petitioner ICL supports this motion.

Having considered the motion and the representations therein, the Region's Motion is GRANTED and the Petition for Review is DISMISSED as moot.

So ordered.
ENVIRONMENTAL APPEALS BOARD I

OCT t 1, 2618
Dated:

The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch and Kathie A. Stein.
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CERTIFICATE OF SERVICE
I certify that copies of the foregoing Order D&missing Petition.[br Review as Moot in the matter of City of Harrison Waste Water Treatment Plant, NPDES Appeal No. 18-04, were sent to the tbllowing persons in the manner indicated: By First Class Certified Mail/ Return Receipt Requested:

Matthew Nykiel
Conservation Associate
Idaho Conservation League
P.O. Box 2308
Sandpoint, ID 83864
[email protected]

The Honorable Kayleen Walker
Mayor of Harrison
P.O. Box 73
Harrison, Idaho 83833
[email protected]
By EPA Pouch Mail:

Alexander Fidis
Assistant Regional Counsel
U.S. EPA Region l0
1200 Sixth Ave., Suite 900
Seattle, WA 98101
[email protected]
By Interoffice Mail:

Richard Witt
Water Law Office, OGC
Mail Code 2355A
1200 Pennsylvania Ave. NW
Washington, DC 20004
[email protected]

Dated:

OCT I I 2018
Annette Duncan
Administrative Specialist