Ketchikan Pulp Company (Board decision, January 26, 1999)

Plain-English summary

The Environmental Appeals Board had previously denied Ketchikan Pulp Company's petition for review of NPDES Permit No. AK-000092-2. The company later sought reconsideration, and the Board stayed its earlier order while the parties pursued settlement. Ketchikan told the Board that revocation and reissuance of the permit had made the issues moot and requested dismissal under 40 C.F.R. § 124.91. The Board dismissed the reconsideration motion and lifted the stay of its earlier order.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.91.
• Outcome: The motion for reconsideration was dismissed as moot, and the stay of the earlier order denying review was lifted.
• Key point: When permit revocation and reissuance make an appeal moot, the Board may dismiss the pending reconsideration motion and lift its stay.

Full text (EPA EAB public release)

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

)
In the Matter of: )
)
Ketchikan Pulp Company ) NPDES Appeal No. 95-6 )
Permit No. AK-000092-2 )
)

ORDER DISMISSING MOTION FOR RECONSIDERATION AND LIFTING STAY

On December 10, 1996, the Board denied a petition for review

filed by the Ketchikan Pulp Company (“KPC”) in the above-captioned

matter. See In re: Ketchikan Pulp Co., 6 E.A.D. 675 (EAB 1996). On

December 20, 1996, KPC filed a motion for reconsideration of the

Board’s December 10 Order. By order dated December 23, 1996, the

Board granted KPC’s unopposed request for a stay of the Board’s

December 10 Order. Without ruling on the substance of KPC’s

reconsideration request, the Board stayed this matter until further

notice based on the “’changed circumstance’ of KPC’s announced

imminent closure and the desire of the parties to attempt to resolve

this matter through settlement.” Order Granting Stay And

Establishing A Briefing Schedule at 2. At the request of the

parties, the Board has continued this stay in subsequent orders.1

1The Board has also stayed the time period in which the Region must respond to the motion for reconsideration.
 2

By submission dated January 11, 1999, KPC states as follows:

The parties believe that the revocation of the NPDES permit at issue in this appeal and the reissuance of a new NPDES permit have made the issues in this proceeding moot and that no purpose will be served in continuing this proceeding. Pursuant to 40 C.F.R. § 124.91, KPC requests that the proceeding be dismissed.

KPC’s Motion to Dismiss NPDES Appeal. Accordingly, KPC’s motion for

reconsideration is hereby dismissed and the stay of the Board’s

December 10, 1996 Order Denying Review is lifted.

So ordered.

Environmental Appeals Board

By /s/
Edward E. Reich
Environmental Appeals Judge

Dated: 01/26/99
 CERTIFICATE OF SERVICE

I hereby certify that copies of the forgoing Order Dismissing Motion for Reconsideration and Lifting Stay in the Matter of Ketchikan Pulp Company, NPDES Appeal No. 95-6, were sent to the following persons in the manner indicated:

First Class Mail
Bert P. Krages II
Postage Prepaid: Attorney at Law
900 S.W. Fifth Avenue
Suite 1900
Portland, Oregon 97204

Eric B. Fjelstad
Zeigler, Cloudy, Peterson,
Woodell & Seaver
307 Bawden Street
Ketchikan, Alaska 99901

Jeff Kopf
Assistant Regional Counsel
U.S. EPA, Region X
1200 Sixth Avenue, SO-155
Seattle, WA 98101

By Inter-office Mail:
Randolph L. Hill (2355)
Office of General Counsel

Dated: 01/26/99
/s/
Annette Duncan
Secretary