This proceeding arises from inspections by U.S. EPA Region II (the “Region”) of a chemical manufacturing facility near Penuelas, Puerto Rico (“the Facility”) owned by Industrial Chemicals Corporation (“ICC”) to determine the Facility’s compliance with regulations at 40 C.F.R. part 112, which require facilities meeting certain jurisdictional requirements to prepare, implement, and amend Spill Prevention Control and Countermeasures Plans (“SPCC Plans”).

Petitioner, City of Irving (“Irving”), filed a Petition for Review of a National Pollutant Discharge Elimination System (“NPDES”) permit issued to it by U.S. Environmental Protection Agency, Region VI (“Region”), for operation of Irving’s municipal separate storm sewer system (“MS4”).

J&L Specialty Products Corporation ("J&L") seeks review of the denial of its evidentiary hearing request by U.S. EPA Region V on matters relating to the issuance of an Individual Control Strategy ("ICS") under Clean Water Act § 304(l) and an NPDES permit under CWA § 402 for J&L's stainless-steel finishing plant in Louisville, Ohio. Region V asserts that review should be granted only if the Region erroneously resolved the alleged factual issues raised in J&L's evidentiary hearing request.

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