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Fact Sheets
Permit Appeal Process
Ash Grove Cement Company
Chanute, Kansas
August 1996
BACKGROUND: The U.S. Environmental Protection Agency (EPA) and the Kansas Department of Health and Environment (KDHE) have issued a permit to the Ash Grove Cement Company in Chanute, Kansas, to store and burn hazardous waste as fuel. EPA and KDHE considered all public comments on the draft permit before making a final permit decision and revising the permit where appropriate.
Although EPA and KDHE are issuing the permit, Ash Grove and the public have the right to appeal the decision. Because this is a joint permit, this fact sheet has been developed to discuss the appeals pro- cesses of each agency.
KDHE is responsible for the storage, or Part 1, portion of the permit, including spill prevention, emergency planning, equipment inspection and worker training. Appeals dealing with these issues must be filed with the Kansas Secretary of Health and Environment.
EPA prepared Part 2 of the permit, which contains requirements for burning hazardous wastes. Part 2 establishes requirements for continuous monitoring, automatic waste feed cutoffs, feed rates, air emissions, environmental monitoring and investigation of past waste management practices. Appeals that deal with Part 2 must be submitted to EPA's Environmental Appeals Board (EAB).
Appeal of the EPA and KDHE decision to issue this permit must be made within 30 days of the time the decision is issued. The permit decision was issued August 15, 1996. The permit becomes effective at midnight 30 days after the date of the decision unless an appeal is filed.
WHO MAY APPEAL: Any person who filed comments on the draft permit or participated in the public hearing may petition for a review of any condition of the permit decision. Any person who failed to file comments or failed to participate in the public hearing on the draft permit may petition only for administrative review of changes from the draft permit. All petitions must be received by the proper reviewing authorities no later than 30 days from the date the decision was issued.
PERMIT APPEAL PROCEDURES: Any petition for review must include the reasons for the review. Petitions for review must meet the requirements set out in 40 Code of Federal Regulations (CFR) Part 124.19.
Appeals dealing with Part 1 of the permit must be sent to the Secretary of Health and Environment, 6th Floor, Landon State Office Building, 900 Southwest Jackson, Topeka, Kansas 66612. Appeals that deal with Part 2 of the permit must be sent to EPA's Environmental Appeals Board (MC-1103B), 401 M Street, SW, Washington, D.C. 20460. All appeals must be received no later than 30 days from the date the permit was issued.
Hand-delivered appeals of Part 2 issues, including those delivered by couriers and delivery services, must be taken to the EPA Environmental Appeals Board, Westory Building, 607 14th Street, NW, Suite 500, Washington, DC 20005. The EAB may be reached by telephone at (202) 501-7060 and by fax at (202) 501-7580.
There may be some confusion about whether an issue is covered under Part 1 or Part 2 of the permit. When in doubt, it is recommended that an appeal be filed with both agencies. If the appeal is not filed with the correct agency, the petition might not be reviewed.
The EAB or the Kansas Secretary of Health and Environment will issue an order granting or denying any petition for review. If the review is denied, the final permit decision becomes the final agency action. If a review is granted, a public notice will be issued that sets forth a schedule for the appeal.
