How to File with the EPA's Environmental Appeals Board by U.S. Postal Service, Personal Delivery, or Courier
While electronic filing is strongly encouraged, a party may also file documents on paper via U.S. postal service, personal delivery, courier, or commercial delivery service, such as UPS or FedEx. Mail sent to the Environmental Protection Agency via the U.S. Postal Service may be delayed for security purposes. Parties are therefore encouraged to utilize the Board’s e-Filing System.
Where do I send paper filings?
For documents that are sent through the U.S. Postal Service, except by Express Mail:
Clerk of the Board
U.S. Environmental Protection Agency
Environmental Appeals Board
1200 Pennsylvania Ave., NW
Mail Code 1103M
Washington, DC 20460-0001
For documents that are hand-carried, delivered via courier, mailed by Express Mail, or a non-U.S. Postal Service:
Clerk of the Board
U.S. Environmental Protection Agency
Environmental Appeals Board
1201 Constitution Avenue, N.W.
WJC East Building, Room 3332
Washington, DC 20004
When is a paper filing considered filed?
A paper document is filed with the Board when it is received by the Clerk of the Board at the address specified for the particular method of delivery. Thus, if a document is sent to the Board’s mailing address, it is considered filed when the Clerk receives the document at the mailing address, and if a document is sent to the Board’s hand-delivery address, it is considered filed when the Clerk receives the document at the Board’s hand-delivery address.
Hard copy documents received after business hours will be date-stamped on the following day. If the EAB establishes a briefing schedule by order, any date the EAB specifies for filing a pleading is the date by which it must be received, unless otherwise specified in the order.
What information should I include on the envelope of a paper filing?
Any envelope or other packaging containing documents sent to the EAB’s mailing address or hand-delivery address should bear a complete and accurate return address in the upper left-hand corner. The envelope or packaging also should state clearly the case name and case identifier in the lower left-hand corner. For all hand-delivered documents, please include the Board’s phone number, (202) 233-0122.
How do I file a document that contains Confidential Business Information (“CBI”) or material claimed as CBI?
If a document contains CBI or material claimed as CBI, such document should be sent to the Clerk of the Board by U.S. mail, commercial delivery service, or hand delivery. Do not transmit documents containing CBI or claimed as CBI by interoffice mail. At a minimum, any document(s) containing CBI or claimed as CBI should be placed in a separate envelope labelled “This Envelope Contains Confidential Business Information (CBI) and/or Material Claimed as CBI to be opened by the Clerk of the Board only,” with the case identifying information printed in the lower right-hand corner. (Please note that in some instances, parties may need to take additional measures to protect CBI or material claimed as CBI, if required by applicable statute, regulation, or agency directive.) If possible, please also place a stamp, watermark, or other prominent written notation on the first page and the back of the last page of the document(s) that states: “This Document Contains Confidential Business Information (CBI) and/or Material Claimed as CBI.”
How many copies of each filing and each attachment must I file?
For the number of copies to be filed, refer to the filing requirements in the regulation governing your appeal. See, e.g., 40 C.F.R. § 22.5 (a)(1)(requiring original and one copy) and § 124.19(i)(2)(ii) (requiring original and two copies).