Montana Refining Company (Board decision, December 10, 1997)

Plain-English summary

Montana Refining Company asked the EAB to dismiss its petition challenging an August 14, 1995 permit. Montana said that EPA and Montana had issued a replacement joint permit effective December 2, 1997, and that the new permit resolved the issues behind the petition. EPA did not object to dismissal. The Board found good cause, granted the motion, and dismissed the appeal with prejudice.

Decision snapshot

• Cited authorities: None stated in the decision.
• Outcome: The appeal was dismissed with prejudice on the petitioner's motion.
• Key point: The Board dismissed the permit appeal after a replacement joint permit resolved the issues that motivated the original petition.

Full text (EPA EAB public release)

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

)
In re: )
)
Montana Refining Company ) RCRA Appeal No. 95-8 )
Docket No. MTD000475194 )
)
)

ORDER DISMISSING APPEAL

By motion dated December 8, 1997, the Montana Refining

Company ("MRC") requests that the Board dismiss MRC’s petition

for review filed in the above-captioned matter. In support of

this motion, MRC states:

Consistent with the terms outlined in the parties’ Joint Motion for Stay of Proceedings filed on September 17, 1996, and subsequent status reports filed with the Board, EPA and the State of Montana have issued MRC a joint permit that replaces the August 14, 1995, permit that is the subject of this Petition for Review. This new, joint permit which became effective on December 2, 1997, includes provisions agreed by the parties to resolve the issues that motivated MRC to file its petition for review.

Counsel for EPA advises that the Agency has no objection to the granting of this motion.

For good cause shown, the motion is granted and MRC’s appeal

is hereby dismissed with prejudice.

So ordered.

Dated: 12/10/97
ENVIRONMENTAL APPEALS BOARD

By: /s/
Kathie A. Stein
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the forgoing Order

Dismissing Appeal in the matter of Montana Refining Company, RCRA

Appeal No. 95-8, were sent to the following persons in the manner

indicated:

First Class Mail
John T. Smith
Postage Prepaid: Covington & Burling
1201 Pennsylvania Ave., N.W.
Washington, D.C. 20004

Peter M. Ornstein
Assistant Regional Counsel
U.S. EPA, Region VIII
999 18th Street
Suite 500
Denver, CO 80202-2466

Dated: 12/10/97
/s/
Mildred T. Johnson
Staff Assistant