The Dow Chemical Company, Hanging Rock Plant (Board decision, December 16, 2008)

Plain-English summary

The Dow Chemical Company sought review of a RCRA permit for its Hanging Rock Plant. Dow notified the Environmental Appeals Board that it was withdrawing the appeal. The Board granted the request and dismissed RCRA Appeal No. 06-01 in its entirety with prejudice. The order does not impose a penalty or decide the merits of the permit challenge.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: Dow's request to withdraw the appeal was granted, and the appeal was dismissed with prejudice.
• Key point: A petitioner may end a permit appeal by withdrawing it, after which the EAB can dismiss the appeal with prejudice.

Full text (EPA EAB public release)

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

DEC 16 2008
Clerk, Environmental Appeals Board
INITIALS [illegible]

                                  )

In re: )
)
The Dow Chemical Company, )
Hanging Rock Plant ) RCRA Appeal No. 06-01
)
Permit No. OHD 039-128-913 )
)

               ORDER GRANTING REQUEST TO WITHDRAW PETITION FOR REVIEW

    On December 11, 2008, The Dow Chemical Company ("Dow") filed a motion notifying

the Environmental Appeals Board of its withdrawal of RCRA Appeal No. 06-01.

    Dow's request to withdraw RCRA Appeal No. 06-01 is hereby granted, and the Board hereby

dismisses with prejudice the appeal in its entirety.

    So ordered.

                                  ENVIRONMENTAL APPEALS BOARD

                                  By: ______________________________
                                      Charles J. Sheehan
                                      Environmental Appeals Judge

Dated: December 16, 2008

                          CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing Order Granting Request to Withdraw Petition for

Review in the matter of The Dow Chemical Company, Hanging Rock Plant, RCRA Appeal No. 06-01, were
sent to the following persons in the manner indicated:

First Class Mail
and Facsimile: Robert J. Schmidt
Porter, Wright, Morris & Arthur
41 South High Street
Columbus, OH 43215
Fax: 614-227-2100

EPA Pouch Mail and
Facsimile: Kevin C. Chow
Associate Regional Counsel
U.S. EPA Region 5
77 West Jackson Boulevard
Chicago, IL 60604
Fax: 312-886-0747

Dated: DEC 16 2008

Annette Duncan
Secretary