CONSOLIDATED SUBJECT INDEX This consolidated index contains references to key words, phrases, and topics in Abuse of discretion, penalty appeals applicable law and policy, failure of Presiding Officer to assess penalty in accordance with. appropriateness of penalty CWA, institution of serial Class I actions under. default order, issuance of. . . 5:706-708; 8:177–191; 8:473–475 6:757; 8:489-495 6:495-497 8:815-323 not holding.. inconsistent permit requirements for similar projects in same geographical area. . . language, failure to change to reflect responses to permittee's comments. . . modification of RCRA permit deleting operational time limit for site, classification of . . . multi-source modeling analysis, PSD permit's failure to require preconstruction ambient air quality monitoring, PSD permit's failure to require... public hearing, failure to show abuse of discretion in state portion of RCRA permit, HSWA portion bearing 8:7-12; 8:21-22 4:762-765 6:180-181 7:66 7:63 6:392-409 4:3-5 Accelerated decisions, penalty appeals de facto denial of, ruling of on evidentiary hearing viewed as dismissal of respondent. EPCRA reporting requirements, application of standards for accelerated penalty assessment under . evidentiary hearing following genuine issues of material fact, lack of legal requirement created by reproposed regulation. partial accelerated decision (PAD) . PRA defense raised in motion for reasons for granting. timeliness of filing response to motion for accelerated decision Accelerated decisions, permit appeals substantive evidentiary standard of proof affecting appropriateness Accents public hearing speakers with.. Acetone EPCRA reporting violations, 8:199–217 Acid, cooking (magnesium bisulphite) 7:762; 7:768–769 4:69; 4:70-71 5:798-812; 8:496–516 7:773-775 7:591; 7:592 7:757; 7:761–762; 8:501–509 6:11-12 7:7-8; 7:235; 7:236–237 7:318; 7:325 7:78; 7:84 7:758; 7:769-770 4:781-782 4:736-747 Acute static-renewal multi-concentration toxicity test duration, validity of. Add-on pollution control devices BACT, See Best Available Control Technology (BACT) 6:540–541; 6:549–554 redeposit of material in trenching operation regarded as. Addresses 8:644-669 change of address affecting propriety of service of process. disclosure for subpoena purposes, coverage and exceptions under Privacy Protection Act. dismissal of complaint, address and mailing requirements petitions, incorrectly addressed. . . . Administrative enforcement exemption CAA Section 113(d)(1), under. 6:526–534 4:325-333 4:87-94 4:590-591 8:559-576 PRA 7:482; 7:492-494 Administrative law judges (ALJs) waiver under CAA Section 113(d)(1), authority to rule on legality of. 8:565-568 Administrative Order on Consent (AOC) UIC permit application for existing injection wells, requiring submission of 8:355-357 Administrative orders, unilateral, See Unilateral administrative orders (UAOs) Administrative penalties, See Penalty appeal procedures Administrative Procedure Act (APA) burden of proof requirements, TSCA penalties. 5:536-529 Administrative record anticipated construction emissions erroneously omitted by permit issuer, CERCLA reimbursement petitions, See Comprehensive Environmental draft permit alleged not to be based on. due process affected by deficiencies in record and in opportunity to review record . . earlier hearing, utilization of transcribed testimony ... 7:78; 7:79; 7:82–84; 7:86; 7:88-90; 7:94; 7:99–105 environmental justice requirements of Executive Order 12898 . . . . . 8:174–175 evidence of objections raised by permittee during draft permit comment period, lack of. 4:165-166 ex parte communications between Region and permittees during factual basis for effluent discharge's potential for violating state incomplete document package sent to appellant 7:647; 7:652-653 4:713 5:79-81 7:397-400 6:410-420; 6:440–442 new information submitted by permittee, supplementation with . . . . . 4:20-22 inferences drawn from evidence on record, reasonable Administrative remedies, exhaustion of 5:450-460 8:507 FIFRA, unlawful use of registered pesticide in manner inconsistent with Aerobic digesters SWMU status. 6:37-39 Affirmative defense, penalty appeals inability to pay penalty as statute of limitations raised as affirmative defense during Affirmative misrepresentations settlement agreement as bar to further prosecution. After-the-fact permits facilities ordered to apply for... 5:540-541 7:77-78; 7:79; 7:85 Agency for Toxic Substances and Disease Registry (ATSDR) lead contamination and cleanup levels report supporting chosen response action. Agency guidance air quality modeling. BACT Draft Manual. 4:521-523 5:555 7:437-440 6:555-572; 6:576-588 8:337 5:135; 8:5-6; 8:13–14; 8:84-86 7:387-388; 7:407-408 Indirect exposure risk assessments, as basis for NO, netting analysis. . removal actions under CERCLA, cleanup levels required for. Aggregate kilns BIF Rule, facilities meeting criteria for.. oxidizers not counting as Agreements between parties deletion of provision from RCRA permit revisions to RCRA permit, implementation of settlement agreements 7:280 7:561; 7:572–578 8:739-742; 8:747-748; 8:751 8:74-77 7:434; 7:435; 7:438; 7:458-459, penalty appeals, See Settlements, penalty appeals 5:754-759; 5:763-773 5:757; 5:762 4:356 4:389 Agricultural Water Supply Standard withdrawal of standard designated at time of permit issuance. 5:65-67 Agriculture PM emissions and. 8:690-692 Air quality ambient air quality analysis, See Ambient air quality analysis baseline levels of air pollution, adequacy of analysis of. boiler operation requirements, PSD permits. CAA, See Clean Air Act (CAA) Class 1 areas under PSD program cumulative impact, need for RCRA permit to consider emission limits, See Emission limits full impact analysis, need for . 7:107; 7:108; 7:127-128 4:95-105 4:261; 4:270-271 4:11-12 8:327; 8:333–334; 8:345–346 |