(a) Any commenter on the draft RAP or notice of intent to deny, or any participant in any public hearing(s) on the draft RAP, may appeal the Director's decision to approve or deny your RAP application to EPA's Environmental Appeals Board under §124.19 of this chapter. Any person who did not file comments, or did not participate in any public hearing(s) on the draft RAP, may petition for administrative review only to the extent of the changes from the draft to the final RAP decision. Appeals of RAPs may be made to the same extent as for final permit decisions under §124.15 of this chapter (or a decision under §270.29 to deny a permit for the active life of a RCRA hazardous waste management facility or unit).

(b) This appeal is a prerequisite to seeking judicial review of these EPA actions.

[63 FR 65941, Nov. 30, 1998, as amended at 78 FR 5288, Jan. 25, 2013]