Opinion vacated by order filed 3/19/98.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

THOMAS L. HOPKINS, Director,

Virginia Department of

Environmental Quality,

Petitioner,

v.

CAROL M. BROWNER, Administrator,

Environmental Protection Agency;

No. 97-1678

THE UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY,

Respondents,

THE DISTRICT OF COLUMBIA;

WASHINGTON WATER AND SEWER

AUTHORITY,

Intervenors.

On Petition for Review of a Permit

issued by the Environmental Protection Agency.

(DC0021199)

Argued: January 27, 1998

Decided: March 5, 1998

Before RUSSELL,* WIDENER, and WILKINS, Circuit Judges.

_________________________________________________________________

Remanded by unpublished per curiam opinion.

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* Judge Russell heard oral argument in this case but died prior to the

time the decision was filed. The decision is filed by a quorum of the

panel. 28 U.S.C. § 46(d).
COUNSEL

ARGUED: Carl Josephson, Assistant Attorney General, Richmond,

Virginia, for Petitioner. Patricia Ross McCubbin, UNITED STATES

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents.

Lutz Alexander Prager, Assistant Deputy Corporation Counsel,

Washington, D.C., for Intervenors. ON BRIEF: Richard Cullen,

Attorney General of Virginia, Roger L. Chaffe, Senior Assistant

Attorney General, Deborah Love Feild, Assistant Attorney General,

John R. Butcher, Assistant Attorney General, Richmond, Virginia, for

Petitioner. Lois J. Schiffer, Assistant Attorney General, Environment

& Natural Resources Division, UNITED STATES DEPARTMENT

OF JUSTICE, Washington, D.C., for Respondents; Jo Anne Robinson, Interim Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, Washington, D.C., for Intervenors.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Thomas L. Hopkins, Director of the Virginia Department of Environmental Quality, petitions this court for review of a permit issued

by the Environmental Protection Agency (EPA) to the District of

Columbia Water & Sewer Authority (DCWSA). See 33 U.S.C.A.

§ 1369(b)(1)(F) (West Supp. 1997). Hopkins argues that the EPA

issued the permit before Virginia could exercise its statutory right to

request a public hearing and raise objections. See 33 U.S.C.A.

§ 1341(a)(2) (West 1986). We remand for a public hearing.

I.

In 1991, the EPA issued a permit allowing DCWSA to discharge

sewage into the Potomac River and its tributaries. Before this permit

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expired in 1996, DCWSA applied for a new permit. Because Virginia's water quality could be affected by the discharge at issue, the EPA

notified Virginia of the permit application pursuant to 33 U.S.C.A.

§ 1341(a)(2), which provided Virginia with 60 days in which to object

to the issuance of the permit and to request a public hearing regarding

the objection. The EPA, however, issued the permit only 15 days after

notification to Virginia. Subsequently, but still within the 60-day

period, Virginia requested a public hearing and demanded that the

EPA vacate the permit pending the outcome of that hearing. In

response, the EPA offered to hold a public hearing but refused to

vacate the 1997 permit. This petition for review followed.

II.

The EPA correctly concedes that it issued the permit prematurely,

and both parties agree that Virginia is entitled to a public hearing pursuant to § 1341(a)(2). We therefore remand this case to the EPA so

that such a hearing may be held as soon as is reasonably possible.

Until resolution of the issues raised in the hearing, DCWSA shall continue to comply with the terms of the 1997 permit.

REMANDED

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