Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 11U.S. Environmental Protection Agency, 2003 |
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Page 7
... record of this proceeding . See 40 C.F.R. § 124.18 ( definition of administrative record ) . In accordance with section 124.13 , " any sup- porting materials which are submitted shall be submitted in full and may not be incorporated by ...
... record of this proceeding . See 40 C.F.R. § 124.18 ( definition of administrative record ) . In accordance with section 124.13 , " any sup- porting materials which are submitted shall be submitted in full and may not be incorporated by ...
Page 8
... record reflected that the issue on appeal was not raised with sufficient specificity during the public comment period ) . The Petition is denied on this ground . C. Petitioner Has Not Demonstrated an Abuse of Discretion Warranting ...
... record reflected that the issue on appeal was not raised with sufficient specificity during the public comment period ) . The Petition is denied on this ground . C. Petitioner Has Not Demonstrated an Abuse of Discretion Warranting ...
Page 22
... record.20 Based on our review , we reject Capozzi's claims as they are contradicted by the evidence in the record , and the reasonable inferences of fact that this evidence supports . First , the Region firmly established that Capozzi's ...
... record.20 Based on our review , we reject Capozzi's claims as they are contradicted by the evidence in the record , and the reasonable inferences of fact that this evidence supports . First , the Region firmly established that Capozzi's ...
Page 28
... record establishes not only that , prior to OEPA's in- spections , Capozzi was operating in serious dereliction of its regulatory obliga- tions , but also that seven months after OEPA notified Capozzi of its violations and advised it on ...
... record establishes not only that , prior to OEPA's in- spections , Capozzi was operating in serious dereliction of its regulatory obliga- tions , but also that seven months after OEPA notified Capozzi of its violations and advised it on ...
Page 41
... record of this proceeding may not be considered on appeal . To rule otherwise would have the practical effect of requiring a permit issuer to search not only the administrative record of the draft permit's public comment period , but ...
... record of this proceeding may not be considered on appeal . To rule otherwise would have the practical effect of requiring a permit issuer to search not only the administrative record of the draft permit's public comment period , but ...
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Common terms and phrases
9th Cir administrative Agency Alaska Garrison ALJ's alleged amended analysis antidegradation appeal Appellee application arctic grayling argues argument Asbestos authority BACT Board Brief Capozzi Carlota citing civil penalty Clean Water Act Complaint compliance concluded Corp Court CWPI D.C. Cir determination discharges draft permit economic benefit enforcement Environmental EPA's EPCRA evidence evidentiary hearing failed FIFRA filed Friedman & Schmitt Gibson Hasbro hazardous waste Init Initial Decision issue limit ment mg/l Microban Motion NEPA NPDES permit penalty assessment penalty factors Penalty Policy permit conditions pesticide Petition Petitioners Phoenix Pinto Creek pollutant Presiding Officer prior proposed public comment period RACM RCRA record Region Region IV Region's SEA regulations regulatory remand request requirements Respondent's Response rule specific statutory Supp Teck Cominco tion TMDL U.S. EPA USGen violations VOLUME 11 Washington Aqueduct water quality standards WECCO wetlands
Popular passages
Page 197 - ... those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Page 262 - In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.
Page 527 - ... protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife...
Page 3 - best available control technology" means an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under this Act emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such...
Page 367 - Except as otherwise provided in sections 1154 and 1156 of this title, the term 'Indian country', as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation...
Page 366 - Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
Page 144 - In determining the amount of any penalty to be assessed under this section or section 7604(a) of this title, the Administrator or the court, as appropriate, shall take into consideration (in addition to such other factors as justice may require) the size of the business, the economic impact of the penalty on the business, the violator's full compliance history and good faith efforts to comply, the duration of the violation...
Page 364 - The functions to be exercised by the Indian Tribe pertain to the management and protection of water resources which are held by an Indian Tribe, held by the United States in trust for the Indians, held by a member of an Indian Tribe...
Page 197 - The term waters of the United States means (1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands...
Page 464 - Such standards shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this Act.