Form, Content, Service, and Computation of Time Requirements
EPA’s regulations and the Board’s Standing Orders set forth the procedures for filing an appeal or other matter with the Board. For most permit appeals, the rules governing appeals to the EAB are found in 40 C.F.R. part 124. For most administrative enforcement appeals, the regulations are found in 40 C.F.R. part 22 and are commonly known as the “Consolidated Rules of Procedure,” or “CROP.” Additional information about participating in an appeal before the EAB can be found in the Guide to the United States Environmental Protection Agency's Environmental Appeals Board (pdf) . The Appendix to the Guide provides sample templates for documents that are routinely filed with the Board.
Key Filing Requirements
Parties should refer to the regulations and standing orders for all the applicable requirements. The information below only provides key information.
Petitions for review of permitting decisions under 40 C.F.R. § 124.19
Section 124.19 sets forth who can file a petition for review challenging a permitting decision, when the petition must be filed, the required form and content of the petition, and what additional briefs can be filed. See 40 C.F.R. § 124.19.
Under 40 C.F.R. section 124.19(i)(1), a petition for review must contain a caption that indicates the name of the permit applicant, the permitted facility, and the permit number. The regulations at 40 C.F.R. section 124.19(d)(1) also require that the petition for review meet the page limitations described in 40 C.F.R. section 124.19(d)(3) and contain, under appropriate headings:
- A table of contents, with page references
- A table of authorities with references to the pages of the brief where they are cited
- A table of attachments, if attachments are included and
- A statement of compliance with the word limitation
If the petition for review, response brief, or reply brief includes attachments, under the regulations at 40 C.F.R. part 124, a table must be included that provides the title of each appended document and an indication of where the appended document can be found in the record.
Section 124.19(a)(4) requires the Petitioner to provide legal and factual support for their position as to why the permitting decision should be reviewed. Section 124.19(a)(4) also requires that the petition for review demonstrate why the factual or legal basis underlying the challenged provisions is clearly erroneous, or why the permitting decision constitutes an abuse of discretion warranting Board review. Further, section 124.19(a)(4) requires that where the permit issuer responded to an issue in the response to comments document, the petition must explain why the permit issuer’s response to the comment was clearly erroneous or otherwise warrants review. See also
Guide to the United States Environmental Protection Agency's Environmental Appeals Board (pdf)
.
Section 124.19(i) specifies additional filing and service requirements, and section 124.20 includes specific rules for how to calculate filing deadlines depending on how a document was served.
Notice of appeal and appellate brief under 40 C.F.R. part 22
Section 22.30 sets forth who can file a notice of appeal and appellate brief in enforcement appeals to the Board, when that notice of appeal and appellate brief are to be filed, the required form and content of the notice of appeal and appellate brief, and what additional briefs can be filed. See 40 C.F.R. part 22.
Under 40 C.F.R. section 22.5(c), notices of appeal must include a caption that identifies the respondent and the docket number of the proceeding below. Consistent with section 22.30(a), the appellate brief must contain a table of contents and authorities with appropriate page references and include a statement of compliance with the word limitation. Section 22.30(a) further provides that if attachments are appended, the notice of appeal or appellate brief shall contain a table that lists the title of each appended document and indicates where the document can be found in the record.
Section 22.30(a) requires that the notice of appeal identify the Initial Decision, or part of the Initial Decision, being appealed and that the appellate brief should, among other things, summarize the issues on appeal, provide argument on those issues, and identify the specific relief sought from the EAB. See also Guide to the United States Environmental Protection Agency's Environmental Appeals Board (pdf) .
Section 22.5 includes additional filing and service requirements, and section 22.7 includes specific rules for how to calculate filing deadlines depending on how a document was served.
Other filings that commence a proceeding before the Board
CERCLA section 106(b) reimbursement petitions.
If you are considering filing a petition for reimbursement with the Board, please refer to the Order on Procedures for Petition for Reimbursement submitted under section 106(b)(2)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9606(b)(2)(A) (2025) (pdf) . The Standing Order sets forth the four statutory prerequisites for obtaining review of a reimbursement petition. The Board has developed procedures governing the submission and review of petitions for reimbursement, and those procedures are also set forth in Appendix A to the Standing Order. Among other things, the Order requires that the petition for reimbursement contain the petitioner’s full name, title and contact information, together with the name and contact information for any agent or attorney authorized to represent petitioner; the name and address of the facility where the response action was implemented; and the docket number for the EPA-issued CERCLA section 106(a) administrative order and a copy of the order.
Petitions for Review of Permit Decisions under 40 C.F.R. part 71.
A petition for review under part 71 must contain a caption that indicates the name of the permit applicant, the permitted facility, and the permit number as required by 40 C.F.R. sections 71.27(l)(1). Please refer to the regulations at 40 C.F.R. part 71 for the relevant requirements.
Registration-related Appeals under the Federal Insecticide, Fungicide, and Rodenticide Act.
For registration-related appeals under the Federal Insecticide, Fungicide, and Rodenticide Act, please refer to the Board’s Standing Order and the relevant regulations. See Order Addressing Procedures for Registration-Related Appeals under the Federal Insecticide, Fungicide, and Rodenticide Act (2025) (pdf) (available on the Rules & Standing Orders Governing Appeals Filed with the EAB page).