2021-12291: Revisions to the Permit Appeals Process To Restore the Organization and Function of the Environmental Appeals Board
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The Environmental Protection Agency (EPA) is reversing recent changes to the organization and function of the Environmental Appeals Board (EAB) that altered the appeals process and procedures for Agency decisions that the EAB considers. In addition, the Administrator reaffirms that the Board is intended to function as an impartial body that is independent of all EPA components, except the immediate Office of the Administrator, and reaffirms the EAB's ability to carry out the Administrator's delegated authority to adjudicate disputes and issue final Agency decisions.
The agency’s own summary, as published.
What this changes
Amends 2 parts of the Code of Federal Regulations — the standing rules this notice rewrites.
Rulemaking docket
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Proposed Rule December 03, 2019Modernizing the Administrative Exhaustion Requirement for Permitting Decisions and Streamlining Procedures for Permit Appeals
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Rule August 21, 2020Streamlining Procedures for Permit Appeals
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Rule June 11, 2021Revisions to the Permit Appeals Process To Restore the Organization and Function of the Environmental Appeals Board
Public comments
What people are saying
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Anonymous commenter 2020-01-10
“See Attached”
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Anonymous commenter 2020-01-07
“Please find attached comments of Environmental Defense Fund on EPA's proposed rule, Modernizing the Administrative Exhaustion Requirement for Permitting Decisions and Streamlining Procedures for Permit Appeals, 84 Fed. Reg. 66,084 (Dec. 3, 2019).”
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Anonymous commenter 2020-01-07
“See attached file(s)”
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Anonymous commenter 2020-01-07
“This comment addresses the Environmental Protection Agency's proposed Environmental Appeals Board (EAB) Reforms, Docket ID EPA-HQ-OGC-2019-0406. The National Center for Public Policy Research, a Washington, DC-based educational foundation, welcomes EPA's proposed reforms to the EAB. Specifically, streamlining the process through which parties may challenge EPA permit decisions, allowing them to go directly to federal court rather than having to go through the EAB first, is a step in the right direction. Members of the EAB function as "judges," but are judges in name only. Many are simply ca...”
1,104 more characters
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Anonymous commenter 2020-01-07
“I write in strong opposition to most of the changes this proposed rule seeks to make to the EAB permit appeal process. Please see the attached document for detailed comments.”
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