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UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY













                                                           October 16, 1997



Frederick Huff, Esq.
Law Offices of Frederick Huff
The Equitable Building
730 Seventeenth Street
Suite 850
Denver, Colorado 80202


Re: Microbial Technology, Inc., Docket No. RCRA-(3008)-VIII-93-05









Dear Mr. Huff:


	This is in response to your motion to reopen the above docket for the purpose of declaring the
"judgment" void and to order a refund of the penalty paid by Microbial Technology pursuant to a
consent agreement.  After reviewing your filings and the response of Region VIII, it is apparent that
only the Regional Administrator of Region VIII has the authority to consider matters arising about a
consent agreement issued in that region.  


	Under the Agency's Rules of Practice, Administrative Law Judges do not have authority to
alter orders or agreements which have been approved or issued by other agency officials on behalf of
the Administrator.  Consent agreements are not considered or approved by Administrative Law
Judges.  This is in contrast to the authority Federal District Court judges have over settlement
agreements.  Federal judges issue consent orders following settlements and under the Federal Rules
have limited authority to consider matters arising about their consent orders after they are issued. 
Rule of Practice § 22.18 grants to the Regional Administrators the sole authority to approve consent
agreements at this agency.  A Regional Administrator has the authority, in preparing a consent
agreement, to "require that the parties to the settlement appear before him to answer inquiries relating
to the consent agreement or consent order."  The Rules of Practice are silent about whether a
Regional Administrator may reopen and reconsider a consent agreement three years after it has been
approved.  Because the Rules of Practice delegate to the Region VIII Administrator the authority to
review and approve consent agreements, he presumably has the authority to decide, in the first
instance, whether a consent agreement he approved may be reopened.  Because of this, I am
forwarding the filings in this matter to William Yellowtail, Region VIII Administrator, along with a
copy of this letter.  


						Sincerely,



						Edward J. Kuhlmann


					Administrative Law Judge


cc

William Yellowtail, Region VIII Administrator


     David J. Janik, Esq.


     Tina Artemis, Regional Hearing Clerk
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