CONSOLIDATED SUBJECT INDEX This consolidated index contains references to key words, phrases, and topics in reported decisions that appear in Volumes 9 through 13 of the Environmental Administrative Decisions. Acronyms are cross-referenced to their full titles, but are not used in subheadings. 9:610-618, 10:34-38, 11:114-118, 11:120-125, 11:640-642 four percent of gross receipts averaged over four years, penalty determination based on futility of enforcing compliance order 9:319-321 12:354, 12:369-370 good faith efforts affected by 9:614-618 11:654-655 10:645-646, 10:671 10:653-661, 10:669-670 grant of appeal or reversal of decision on appeal (See Grant of appeal or reversal of decision on appeal, penalty appeals) method of determining parties' respective burdens of proof in demonstrating presumption of RCRA penalties, applicability to rebuttal evidence regarding short-term loans, characterization of . size of business small minority-based business with limited capabilities specificity of information regarding statutory and regulatory background sufficiency of evidence regarding taxation evidence as to taxable income losses returns used to evaluate ability to pay UST penalty claims . Ability to stay in business, penalty appeals hearsay evidence, sales information submitted by Region as impact of penalty on business small businesses Above-ground storage tanks amended SPCC plan, failure to timely prepare and implement Abuse of discretion, penalty appeals ability of respondent to pay penalty, ALJ's analysis of agency guidance and policy statements, discretion of ALJ not restricted by 9:656-657 . 9:353 11:452-453 9:738-739 9:85-92, 9:100-107 . 11:115, 11:638-640 11:105-114 11:117-120, motion to amend complaint denied due to prejudice and undue delay petitioner's failure to adequately show abuse prior deep ripping by previous landowner versus respondent's deep ripping, evidence of effect on wetlands of successor liability imposed as sanction for failure to comply with discovery order Abuse of discretion, permit appeals annual reporting requirement as NPDES permit condition failure to demonstrate. 10:646-652, 10:669 12:95-96 11:205-212 11:254-257 . . 10:116, 10:129-130 9:737-739 complete development of administrative record, denial due to cross-motions for evidentiary standard for 9:67, 9:74-79, 11:284-287 failure of appellant to file response in opposition to motion interlocutory orders liability, partial accelerated decision as to. 9:74-79 9:548-550 11:287 9:67, 9:69, 9:74-79, 9:91, 9:543 Acidity/alkalinity (See pH levels) Acknowledgment and certification requirements lead-based paint disclosure rules, TSCA penalties ACOE (See U.S. Army Corps of Engineers) 12:200-204 "Actual to potential” and “actual-to-projected-actual" tests physical change and emissions increase leading to modification of facility 9:422-425, 9:432-445 ACWM (asbestos-containing waste material) (See under Asbestos removal violations of NESHAP, penalty appeals) Adjacent or tributary waters (See also Navigable waters of U.S.) determination of nature of 11:198, 11:199 Administrative Procedure Act (APA) de novo review, rules for burden of proof on appropriateness of civil penalty Administrative record de novo review of accelerated decision, consideration of all evidence in administrative record as part of accelerated decision denied due to need to develop 9:544 9:320 9:545-548 11:287 12:531-532 11:372-378 9:377 12:494, 12:687-688, 12:707 cooling water intake (See under Cooling water intake and thermal discharge limitations) PSD permit decisions, inclusion in record of material relied upon for 9:179-180, 9:224-225 public comment period or public hearing on draft permit comments regarding contested permit conditions made |