Novartis Pharmaceuticals Corporation (Board decision, November 20, 2020)

Plain-English summary

Novartis Pharmaceuticals Corporation petitioned the Environmental Appeals Board to review a RCRA permit for its facility in East Hanover, New Jersey. Novartis and EPA Region 2 later entered settlement negotiations and resolved their differences about technical details in the permit. The parties asked the Board to remand the permit to Region 2 so the Region could incorporate the agreed revisions into the final permit. The Board granted the unopposed remand motion and dismissed Novartis's petition without prejudice.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The permit was remanded to EPA Region 2 for agreed revisions, and the petition was dismissed without prejudice.
• Key point: The EAB may grant a voluntary remand so the permitting agency can incorporate agreed revisions into a permit, while dismissing the pending petition without prejudice.

Full text (EPA EAB public release)

F I L E D
Nov 20 2020

Clerk, Environmental Appeals Board

INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

)
In re:
)
)
Novartis Pharmaceuticals Corp.
) RCRA Appeal No. 20-01
)
RCRA Permit No. NJD-002147023
)
______)

ORDER GRANTING UNOPPOSED MOTION
FOR REMAND AND GRANTING JOINT MOTION
TO DISMISS PETITION FOR REVIEW
On August 14, 2020, Novartis Pharmaceuticals Corporation (“Novartis”) filed a petition for review of a Resource Conservation and Recovery Act (“RCRA”) permit issued to Novartis on July 15, 2020, for operations at its East Hanover, New Jersey, facility. Novartis and Region 2 (“Region”) of the U.S. Environmental Protection Agency, the permit issuer, subsequently sought and received a stay of proceedings from the Environmental Appeals Board (“Board”) and entered into settlement negotiations. On November 18, 2020, the Region and Novartis filed a joint status report, an unopposed motion for remand of the RCRA permit, and a joint motion to dismiss, without prejudice, Novartis’s petition for review of the RCRA permit. The parties report that they have resolved their differences about the various “technical details” in the RCRA permit that were disputed. Motion at 2-3. The Region, with the consent of Novartis, seeks voluntary remand so that it can incorporate the agreed-upon revisions into the final permit. Id. at 4-5 (citing In re Peabody W. Coal Co., 14 E.A.D. 712 (EAB 2020) (Order Granting Motion for Voluntary Remand)). The parties further jointly request that, if the Board grants the unopposed motion for remand, Novartis’s petition for review of the RCRA permit be dismissed without prejudice. Id. at 5.

Having considered the motion and the representations therein, the Region’s unopposed motion for voluntary remand is hereby GRANTED and the joint motion for dismissal is GRANTED WITHOUT PREJUDICE. So ordered. 1

ENVIRONMENTAL APPEALS BOARD
Dated: Nov 20 2020

By:_______
Kathie A. Stein
Environmental Appeals Judge

1

The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein. 2

CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing Order Granting Unopposed Motion for Remand and Granting Joint Motion to Dismiss Petition for Review in the matter of Novartis Pharmaceutical Corporation, RCRA Appeal No. 20-01, were sent to the following persons in the manner indicated: By Electronic Mail: Eugene Gabay Principal Consultant Environmental Resources Management Inc. 105 Maxess Road, Suite 316 Melville, New York 11747 (631) 756-8900 [email protected] Marc Carver, P.E., LSRP 200 Charles Ewing Boulevard, Suite 160 Ewing, New Jersey 08628 [email protected] Robb Truedinger Head Liabilities & Remediation, Real Estate & Facility Services Novartis Pharma AG Novartis Business Services Novartis Campus, WSJ-503.13.51 4002 Basel/Switzerland [email protected] Bruce Aber Assistant Regional Counsel Office of Regional Counsel U.S. Environmental Protection Agency, Region 2 290 Broadway, 16th Floor New York, New York 10007-1866 (212) 637-3224 [email protected] Date:_______ Nov 20 2020

Eurika Durr
Clerk of the Board

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