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In re Savoy Energy, L.P.

06/03/2016
Case Number:UIC Appeal Nos. 16-01, 16-02, & 16-03
ELR Citation:47 ELR 41390

In March 2016, the U.S. Environmental Protection Agency, Region 5 (“Region”) issued an Underground Injection Control permit (“UIC Permit”) to Savoy Energy, L.P. The Environmental Appeals Board (“Board”) received three petitions for review of the UIC permit. Thereafter, the Region filed motions requesting a voluntary remand of the UIC permit. In support of the remand request, the Region stated that it did not fully address public comments concerning a request for a public hearing and that it wishes to cure this defect by holding a public hearing, “after which the Region will decide whether to reissue the permit with a supplemental response to comments, draft a new permit for public comment, or deny the permit.” In supplemental statements, the Region clarified that it “intends to withdraw the [UIC Permit], re-notice the same permit for public comment, and hold a public hearing.” It “will then issue a new permit decision after consideration of both previously and newly submitted comments, all consistent with the Part 124 permitting regulations.”

Held: The Motions are granted as appropriate under both 40 C.F.R. sections 124.19(j) and 124.19(n). Accordingly, UIC Appeal Nos. 16-01, 16-02, & 16-03 are DISMISSED. Petitioners may file a petition for review with the Board under 40 C.F.R. section 124.19(a) challenging the Region’s new permit decision after completion of the proceedings on remand and they must do so if they wish to preserve the option of seeking judicial review of the Region’s new permit decision.