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124.19 40 CFR Ch. 1 (7-1-89 EdMon) Environm able and which are included in the ad- review, the Administrator shall issue will be re. ministmtive record under the stand- an order either granting or denying tive reme ands of this section or of 4 124.17("Re- the petition for review. To the extent (2) Noti sponse to comments"), need not be review Is denied, the conditions of the regarding physically included in the same file as final permit decision become final ly be pub the rest of the record as long as it is agency action. Public notice of any TER. specificallyreferred to in the state- grant of review by the Administrator I 148 Fp,142 ment of basis or fact sheet or in the under paragraph (a) or (b) of this sec- FR 9807,m response to comments. tion shall be given as provided in 9 124.19 Appeal of RCRA, UIC, and PSD 1124.10. Public notice shall set forth a ®124.20 C briefing schedule for the appeal and (a) Any permit& shall state that any interested person begin on (a) Within 30 days after a RCRA, may file an amicus brief. Notice of event shat UIC, or PSD final Permit decision (or denial of review shall be sent only to act or eves a decision under 1270.29 to deny a the person(s)requesting review. (b) Any permit for the active life of a RCRA (d) The Administrator may defer begin befc hazardous waste management facility consideration of an appeal of a RCRA or event sl or unit) has been issued under or UIC permit under this section until period enc 1 124.15, any person who filed com- the completion o1 formal proceedings or event. ments on that draft permit or partici- under Subpart E or F relating to an (c) If t pated in the public hearing may peti- NPDES permit issued to the same fa- period fail. tion the Administrator to review any cility or activity upon concluding that: day, the ti condition of the permit decision. Any (1) The NPDES permit is likely to to the next person who failed to file comments or raise issues relevant to a decision of (d) Whe failed to participate in the public hear- the RCRA or UIC appeals; person has ing on the draft permit may petition (2)The NPDES permit is likely to be act within for administrative review only to the appealed;and the servic( extent of the changes from the draft (3) Either: (i) The interests of both upon him to the final permit decision. The 30- the facility or activity and the public be added tc day period within which a person may are not likely to be materially adverse- request review under this section ly affected by the deferral; or 9124.21 Efi begins with the service of notice of the (ii) Any adverse effect is outweighed (a)Excer Regional Administrator's action unless by the benefits likely to result from a of this sec a later date is specified in that notice. consolidated decision on appeal. effective J The petition shall include a statement (e) A petition to the Administrator effective de in the reasons demonstration that review, under paragraph (a) of this section is, ing of any including a demonstration that any under 5 U.S.C. 704, a prerequisite to 124 will a) Issues being raised were raised during the seeking of judicial review of the RCRA and thheepublic comment period (including final agency action. (b) All p any public hearing) to the extent re- quired by these regulations and when (f)(1) For purposes of judicial review become of appropriate, a showing that the condi- under the appropriate Act, final 1980. tion in question is based on: agency action occurs when a final (c)All ued (1) A finding of fact or conclusion of RCRA,ded by°EPA and PSD agency rit is te ew ing to they law which is clearly erroneous,or effective Ju (2) An exercise of discretion or an procedures are exhausted. A final i1nPlemente important policy consideration which Permit decision shall be issued by the of 40 CPR I the Administrator should,in his or her Regional Administrator: (d) This discretion,review. (i) When the Administrator issues (b) The Administrator may also notice to the parties that review has change the decide on his or her initiative to been denied; (it) when the Administra- °ubs are pr review any condition of any RCRA, for issues a decision on the merits of 1979, NPDI UIC, or PSD permit issued under this the appeal and the decision does not subject to part. The Administrator must act include a remand of the proceedings: menta in tltions which under this paragraph within 30 days or (iii) upon the completion of remand 7 1979. Se of the service date of notice of the Re- proceedings if the proceedings are re- extent this gional Administrator's action. marded, unless the Administrator's NPDES c (c) Within a reasonable time follow- remand order specifically provides changes wi Ing the filing of the petition for that appeal of the remand decision 154