Is there an appeal process for the public regarding the EAs approval of an RFI amendment, or the EAs issuance or denial of a modified, revised or new full permit?
Answer 1: Yes; there continues to be the ability for appeal under PRC Section 44307 to challenge the EAs approval of the RFI amendment and the EAs issuance or denial of a modified, revised, or new permit. Pursuant to PRC Section 44307, a hearing can be requested not only by the applicant that is subject to an enforcement action or to permit conditions it feels are inappropriate, but also by any person who believes that the EA has not acted in accordance with the law or Board regulations. Because the notice for an RFI amendment would be distributed after the EA has already approved the amendment, the notice must announce that the EAs approval is subject to a PRC Section 44307 appeal (Section 21660.1(a)(6)). The notices for new, revised, or modified permits specify a PRC 44307 appeal is available when the EA issues or denies the permit (Section 21660.3(a)(10)).
