H. Larry Penberthy v. United States Environmental Protection Agency

5 F.3d 538 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. H. Larry PENBERTHY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. No. 91-70764. United States Court of Appeals, Ninth Circuit. Submitted Sept. 2, 1993. * Decided Sept. 7, 1993. Petition for Review of a Decision of the Environmental Protection Agency; No. 06166 964. E.P.A. AFFIRMED. Before: WALLACE, Chief Judge, and WRIGHT and NOONAN, Circuit Judges. MEMORANDUM 1 Penberthy appeals from the Environmental Protection Agency's (EPA) denial of his petition for administrative review of EPA Region X's action denying his hazardous waste treatment permit application. We have jurisdiction to review the EPA's action pursuant to 42 U.S.C. Sec. 6976 (b). We affirm. 2 We review whether the EPA's denial of the permit was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. 5 U.S.C. Sec. 706 (2)(a); Rybacheck v. EPA, 904 F.2d 1276 , 1284 (9th Cir.1990). 3 Penberthy's…