American Airlines, Inc. (Board decision, April 4, 2011)

Plain-English summary

American Airlines, Inc. petitioned the Environmental Appeals Board to review a hazardous-waste permit that designated American as the facility operator. The permit was issued under the Resource Conservation and Recovery Act, and American challenged the operator designation. After negotiations, the permit was modified to name the City of Kansas City, Missouri, as operator instead. American then asked to dismiss its appeal as moot, and the Board dismissed the petition with prejudice. The order does not impose a penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19 and 42 U.S.C. § 6901
• Outcome: The petition for review was dismissed with prejudice after the permit was modified and the appeal became moot.
• Key point: A permit appeal may be dismissed as moot when the challenged permit designation is changed and the petitioner has achieved its objective.

Full text (EPA EAB public release)

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

                                                )

In re: )
)
American Airlines, Inc. ) RCRA Appeal No. 10-01
)
Permit No. MOD0439035048 (Part II) )
----------------------------------------------------)
ORDER DISMISSING PETITION FOR REVIEW

     On September 13, 2010, American Airlines, Inc. ("American") filed a petition with the

Environmental Appeals Board ("Board") pursuant to 40 C.F.R. § 124.19 seeking review of a

Hazardous Waste Management Facility Part II Permit, number MOD0439035048, issued by

United States Environmental Protection Agency, Region 7 ("Region"). The Region had issued the

permit on August 11, 2010, under the Resource Conservation and Recovery Act ("RCRA"),

42 U.S.C. §§ 6901-6992k, and had designated American as the facility "Operator," a designation

challenged by American in its petition. At the request of the Region, the Board stayed the case

on October 26, 2010, and this stay has continued until the present time.

     On April 1, 2011, the Board received an unopposed motion from American requesting the

Board dismiss the matter. See Unopposed Motion to Dismiss Appeal at 1. American states that,

following negotiations between it, the Region, the Missouri Department of Natural Resources,

and the City of Kansas City, Missouri, the RCRA permit has been modified to remove American

as the Operator and to name the City as Operator. Id. at 2. American, having achieved its

objective, now requests dismissal of its appeal as moot. American reports that the Region does

not oppose the motion.

     Upon consideration of the foregoing, the Board grants Petitioner's motion. Accordingly,

American's petition for review of RCRA permit number MOD0439035048, filed September 13,

2010, is hereby DISMISSED WITH PREJUDICE.

  So ordered.



                                      ENVIRONMENTAL APPEALS BOARD



                                      By: [signature]
                                          Anna L. Wolgast
                                          Environmental Appeals Judge



                            CERTIFICATE OF SERVICE

   I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the

matter of American Airlines, Inc., RCRA Appeal No. 10-01, were sent to the following persons in
the manner indicated:

By Pouch Mail:

Belinda L. Holmes
EPA Region 7 CNSL/CMBR
901 N. 5th Street
Kansas City, KS 66101

By Certified U.S. Mail, Return Receipt Requested:
Robert J. Joyce
McAfee & Taft, PC
1717 S. Boulder Avenue, Suite 900
Tulsa, OK 74119

Dated: APR - 4 2011

                                          [signature]
                                          Secretary