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under this paragraph within 30 days of the service date of notice of the Re- gional Administrator's action. (c) Within a reasonable time follow- ing the filing of the petition for review, the Administrator shall issue an order either granting or denying the petition for review. To the extent review is denied, the conditions of the final permit decision become final agency action. Public notice of any grant of review by the Administrator under paragraph La) or (b) of this sec- tion shall be given as provided in 1 124.10. Public notice shall set forth a briefing schedule for the appeal and shall state that any interested person may file an amicus brief. Notice of 6124.19 Appeal of RCRA, UIC, and PSD denial of review shall be sent only to permits. the person(s) requesting review. (a) Within 30 days after a RCRA, (d) The Administrator may defer UIC, or PSD final permit decision has consideration of an appeal of a RCRA been issued under 1 124.15, any person or UIC permit under this section until who filed comments on that draft the completion of formal proceedings permit or participated in the public under Subpart E or F relating to an hearing may petition the Administra- NPDES permit issued to the same fa- tor to review any condition of the cility or activity upon concluding that: permit decision. Any person who failed (1) The NPDES permit is likely to to file comments or failed to partici- raise issues relevant to a decision of pate in the public hearing on the draft the RCRA or UIC appeals; permit may petition for administrative (2)The NPDES permit is likely to be review only to the extent of the appealed; and changes from the draft to the final (3) Either., (i) The interests of both permit decision. The 30-day period the facility or activity and the public within which a person may request are not likely to be materially adverse- review under this section begins with ly affected by the deferral;or the service of notice of the Regional (11) Any adverse effect is outweighed Administrator's action unless a later by the benefits likely to result from a date is specified in that notice.The pe- consolidated decision on appeal. tition shall include a statement of the (e) A petition 0 the Administrator reasons supporting that review, includ- under paragraph (a) of this section is, ing a demonstration that any issues under 5 U.S.C. 704, a prerequisite to being raised were raised during the the seeking of Judicial review of the public comment period (including any final agency action. public hearing) to the extent required (f)(1) For purposes of Judicial review by these regulations and when appro- under the appropriate Act, final priate, a showing that the condition in agency action occurs when a final questipn is based on: RCRA, UIC, or PSD permit is issued (1) A finding of fact or conclusion of or denied by EPA and agency review law which is clearly erroneous, or procedures are exhausted. A final (2) An exercise of discretion or an permit decision shall be issued by the important policy consideration which Regional Administrator: the Administrator should, in his or her (i) When the Administrator issues discretion, review. notice to the parties that review has (b) The Administrator may also been denied; (ii) when the Administra- decide on his or her initiative to for issues a decision on the merits of review any condition of any RCRA, the appeal and the decision does not UIC, or PSD permit issued under this include a remand of the proceedings; part. The Administrator must aqt or Oil) upon the completion of remand proceedings if the proceedings are re- marded, unless the Administrator's remand order specifically provides that appeal of the remand decision will be required to exhaust administra- tive remedies. (2) Notice of any final agency action regarding a PSD permit shall prompt- ly be published In the F'ML AL REcis- TEa. i'