Systech Environmental Corp. v. United States Environmental Protection Agency

The National Cement Company of California and Systech Environmental Corporation petition for review of the Environmental Protection Agency’s final decision denying National’s application for a RCRA permit to incinerate hazardous waste. EPA denied National’s application on the ground that it lacked a certification required by 40 C.F.R. § 270.11 . We find EPA’s interpretation of section 270.11 to be arbitrary and irrational insofar as it requires an absentee owner of land on which another processes hazardous waste to certify that the RCRA permit application was processed under his direction and supervision. We hold that the representations that were made by Tejón, the absentee landowner in the ease at bar, are sufficient to satisfy the requirements of section 270.11. We therefore vacate EPA’s Final Decision denying National’s application and order EPA to process the application on its merits.

BACKGROUND

Tejón Ranehcorp owns a large ranch property near Lebec, California, on which it raises cattle. In 1966, Tejón leased a portion of that property to General Portland Cement, Inc., for up to ninety-nine years. Portland built a large cement kiln on the leased property and began its…