Standard Products Co. (Board decision, November 30, 1999)

Plain-English summary

Standard Products Co. held an underground injection control permit issued by EPA Region V. Tom O. Palmer petitioned the Environmental Appeals Board, asserting that Region V had not responded to comments and issues concerning the draft permit. Region V acknowledged that it had not fully addressed all of Palmer's comments and asked the Board to vacate the permit decision and remand the matter. The Board vacated the August 3, 1999 permit decision and remanded the matter to Region V for further consideration.

Decision snapshot

• Cited authorities: No statute or regulation is cited in the order.
• Outcome: EPA Region V's final permit decision was vacated and the matter was remanded for further consideration.
• Key point: The Board remanded after EPA Region V acknowledged that it had not fully addressed the petitioner's comments.

Full text (EPA EAB public release)

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

)
In re: )
)
Standard Products Co. ) UIC Appeal No. 99-6 )
Permit No. MI-137-1I-0001 )
)

REMAND ORDER

On September 22, 1999, Tom O. Palmer, filed a Petition with the

Environmental Appeals Board (“Board”) seeking review of the above-

referenced underground injection control (“UIC”) permit. Mr. Palmer

asserted in his Petition that the U.S. Environmental Protection

Agency Region V (“Region V”) had failed to respond to comments he

had made and issues he had raised regarding Region V’s draft UIC

permit. Petition at 1.

Pursuant to the Board’s request, Region V filed its Response to

the Petition on November 24, 1999. Region 5 requested that the Board

vacate its final permit decision of August 3, 1999, and remand the

matter for Region V’s further consideration. Region V conceded that,

upon review of the administrative record, Region V “had not fully
addressed all issues raised by Mr. Palmer in his comments at the time

it took final action on the permit.” Response at 2.

Because Region V has acknowledged that Mr. Palmer’s comments

may not have been adequately addressed, the Board hereby vacates

Region V’s final permit decision issued on August 3, 1999, for UIC

Permit No. MI-137-1I-0001 and remands the matter to the Region so

that Mr. Palmer’s comments may be fully addressed.

So ordered.

Dated: 11/30/99
ENVIRONMENTAL APPEALS BOARD

By: /s/
Ronald L. McCallum
Environmental Appeals Judge

2
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Remand Order in the matter of Standard Products Co., UIC Appeal No. 99-6, were sent to the following persons in the manner indicated:

Certified Mail
Return Receipt Requested:

Tom O. Palmer
10079 Koneta Drive
Brighton, MI 48116

Richard R. Wagner, Esq.
Senior Attorney
U.S. EPA, Region V
77 W. Jackson Boulevard
Chicago, IL 60604

Gerry King
Director of Environmental/Health and
Safety
Standard Products Co.
2401 S. Gulley Road
Dearborn, MI 48124

Dated: 12/01/99
/s/
Annette Duncan
Secretary