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MHA Nation Clean Fuels Refinery

Case Number:NPDES Appeal Nos. 11-02 et al.
ELR Citation:42 ELR 41359

Section 511 of the Clean Water Act requires that the Environmental Protection Agency (EPA) comply with National Environmental Policy Act (NEPA) requirements when issuing a National Pollutant Discharge Elimination System (NPDES) permit to a “new source” as defined in CWA §306. This consolidated case involves issuance of an NPDES permit that U.S. EPA Region 8 issued to the Three Affiliated Tribes, comprising the Mandan, Hidatsa, and Arikara Nation, allowing wastewater discharges from a new source. Four petitioners each filed a petition challenging on different grounds certain aspects of the Permit and parts of the NEPA analysis the Region conducted in connection with the Permit.

Held: Upon examination of the petitions, the Environmental Appeals Board dismisses two of the petitions on timeliness grounds and denies review of the other two petitions.