Joint Base Elmendorf-Richardson Hazardous Waste Management Facility (Board decision, September 24, 2024)

Plain-English summary

The United States Air Force petitioned the Environmental Appeals Board to review provisions of the hazardous waste permit for Joint Base Elmendorf-Richardson. The parties later reached an agreement through the Board's Alternative Dispute Resolution program. After the Air Force completed the agreed steps, it moved to dismiss the petition, and the Board dismissed the petition with prejudice.

Decision snapshot

• Cited authorities: The order resolves a petition concerning Hazardous Waste Management Facility Permit No. AK8 57002 8649.
• Outcome: The Air Force's petition for review was dismissed with prejudice under the parties' settlement agreement.
• Key point: A petition for review can be dismissed with prejudice after the parties complete agreed settlement steps.

Full text (EPA EAB public release)

F I L E D
Sep 24, 2024
Clerk, Environmental Appeals Board
INITIALS ______

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

In re Joint Base Elmendorf-Richardson
Hazardous Waste Management Facility
RCRA Permit No. AK8 57002 8649

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RCRA Appeal No. 23-01

ORDER DISMISSING PETITION FOR REVIEW
The United States Air Force petitioned the Environmental Appeals Board to review certain provisions of Hazardous Waste Management Facility Permit Number AK8 57002 8649, which U.S. Environmental Protection Agency Region 10 issued to the Air Force for Joint Base Elmendorf-Richardson. The parties later informed the Board that they had reached an agreement through the Board’s Alternative Dispute Resolution program under which the Air Force would seek dismissal of their petition following certain steps provided for in the agreement. Pursuant to the parties’ settlement agreement, the Air Force has now filed a Motion to Dismiss requesting dismissal of their petition with prejudice and represent that it is consistent with the terms of the settlement agreement. Motion to Dismiss 1 (Sept. 20, 2024). In light of the Air Force’s filing and the representations contained therein, the Environmental Appeals Board dismisses the Air Force’s petition for review.

So ordered. 1
ENVIRONMENTAL APPEALS BOARD
Dated: September 24, 2024

By: ________
Mary Kay Lynch
Environmental Appeals Judge

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

CERTIFICATE OF SERVICE
I certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Joint Base Elmendorf-Richardson Hazardous Waste Management Facility, RCRA Appeal No. 23-01, were sent to the following persons in the manner indicated: By Email: For Petitioner U.S. Department of the Air Force

For Respondent EPA Region 10

Major Steven M. McKevett, DAF/JAOE
510 Hickam Ave., Bldg 250, Bay A
Travis AFB, CA 94535
(707) 424-8286
[email protected]

Nicholas Vidargas
Assistant Regional Counsel
U.S. EPA, Region 10
1200 6th Ave.
Seattle, WA 95501
(206) 553-1460
[email protected]

Mr. Michael L. Casillo, DAF/JAOE
1500 W. Perimeter Rd., Ste. 3750
Joint Base Andrews, MD 20762
(240) 612-4687
[email protected]

Sep 24, 2024
Dated: _____

Emilio Cortes
Clerk of the Board