CITIZEN PETITION BEFORE THE UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY

HOOSIER ENVIRONMENTAL COUNCIL, INC. )

1915 W. 18th Street, Suite A )

Indianapolis, IN 46202 )

)

CITIZENS COAL COUNCIL, INC. )

1705 Pearl Street )

Denver, CO 80210 )

)

PUBLIC CITIZEN )

1002 West Avenue )

Austin, TX 78701 )

)

SIERRA CLUB )

408 C. St., N.E. )

Washington, D.C. 20002 )

)

CLEAN WATER ACTION )

4455 Connecticut Ave )

Washington, D.C. 20008 )

et al., )

Petitioners, )

Filed With: )

)

MICHAEL LEAVITT, )

In his official capacity as )

Administrator )

U.S. Environmental Protection Agency )

Ariel Rios Building )

1200 Pennsylvania Avenue, NW )

Washington, D.C. 20460 )

PETITION FOR A RULEMAKING PROHIBITING THE DISPOSAL OF COAL POWER

PLANT WASTES IN GROUNDWATER AND SURFACE WATER

I. REQUESTED ACTION

Pursuant to 42 U.S.C. Section 6974 (a) of the Resource Conservation and Recovery Act

(“RCRA”) and the regulations promulgated there under, the undersigned submit this petition for

rulemaking requesting that the Administrator immediately act to protect health and the environment

by prohibiting the placement or disposal of power plant waste from the combustion of coal into

groundwater and surface water, including manmade waterbodies, until such time as EPA

promulgates federally enforceable regulations pursuant to RCRA. The U.S. Environmental

Protection Agency (“EPA”) committed to adopting a solid waste regulatory program to address the

placement and disposal of coal combustion wastes in its most recent Regulatory Determination

issued in May 2000, based upon certain findings and recommendations published in its March 1999

Report to Congress and, until such time as these rules are proposed and adopted, the Petitioners

contend that the continuing risks posed by the improper management, re-use and disposal of these

industrial solid wastes warrant an immediate regulatory prohibition. 

II. PETITIONERS
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Petitioner Cook Inlet Waterkeeper is located at P.O. Box 3269, 3734 Ben Walters Lane, Homer,

AK 99603. Cook Inlet Waterkeeper is a private nonprofit organization dedicated to protecting

the vast Cook Inlet watershed and the life it sustains.

Petitioner Alabama Environmental Council is located at 2717 7th Avenue South, Suite 207,

Birmingham, AL 35233. The Alabama Environmental Council (AEC) is a grassroots advocacy

organization dedicated to the preservation and protection of Alabama’s natural environment and

health.

Petitioner Friends of Hurricane Creek is located at 5600 Holt-Peterson Road, Tuscaloosa, AL

35404. 

Petitioner Center for Biological Diversity is located at P.O. Box 710, Tucson, AZ 85702-0710.

Combining conservation biology with litigation, policy advocacy, and an innovative strategic

vision, the Center for Biological Diversity is working to secure a future for animals and plants

hovering on the brink of extinction, for the wilderness they need.

Petitioner Grand Canyon Trust is located at 2601 N. Fort Valley Road, Flagstaff, AZ 86001. 

The mission of Grand Canyon Trust is to protect and restore the Colorado Plateau--its

spectacular landscapes, flowing rivers, clean air, diversity of plants and animals, and areas of

beauty and solitude. 

Petitioner Sierra Club is located at 85 Second Street, San Francisco, CA 94105. Sierra Club is a

nonprofit environmental advocacy organization seeking to protect and restore the quality of the

natural and human environment.

Petitioner Citizens Coal Council is located at 1705 South Pearl Street, #5, Denver, CO 80210.

Citizens Coal Council is a federation of coalfield citizens groups working for justice, law and

order in the coalfields.

Petitioner Environment Colorado is located at 1530 Blake Street, Suite 220, Denver, CO 80202.

Environment Colorado focuses exclusively on protecting Colorado's air, water and open spaces.

We speak out and take action at the local, state and national levels to improve the quality of our

environment and our lives. 

Petitioner Oil & Gas Accountability Project is located at P.O. Box 1102, 863 1/2 Main Avenue,

Durango, CO 81302. The Oil & Gas Accountability Project works with communities throughout

the Rocky Mountain West and across the country to reduce the social, economic and

environmental problems caused by oil and gas development.

Petitioner San Juan Citizens Alliance is located at Box 2461, Durango, CO 81302. The San Juan

Citizens Alliance organizes for the land and people of the San Juan Basin.

Petitioner Western Colorado Congress is located at 7 North Cascade, Montrose, CO 84101.

Their mission is to empower citizens to act effectively to protect their natural surroundings and

human communities.

Petitioner Western Slope Environmental Resource Council is located at P.O. Box 1612, Paonia,

CO 81428. Western Slope Environmental Resource Council is a grassroots, nonprofit citizens'

group dedicated to protecting and enhancing the natural environment and quality of life in Delta

County and on Colorado's Western Slope. 

Petitioner Clean Water Action of Connecticut is located at 118 Oak Street, Hartford, CT.06106,

Clean Water Action of Connecticut works for clean, safe and affordable water, prevention of
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health-threatening pollution, creation of environmentally-safe jobs and businesses, and

empowerment of people to make democracy work. 

Petitioner Clean Water Action is located at 4455 Connecticut Avenue NW, Suite A300,

Washington, DC 20008. Clean Water Action is a national citizens organization working for

clean, safe and affordable water, prevention of health-threatening pollution, creation of

environmentally-safe jobs and businesses, and empowerment of people to make democracy work. 

Petitioner Friends of the Earth is located at 1717 Massachusetts Avenue NW, Washington, DC

20036. Friends of the Earth defends the environment and champions a healthy and just world.

Petitioner U.S. Public Interest Research Group is located at 218 D Street SE, Washington, DC

20003. US PIRG acts as a watchdog for the public interest in our nation's capital.

Petitioner Florida Public Interest Research Group (PIRG) is located at 704 West Madison Street,

Tallahassee, FL 32304. Florida PIRG acts as a watchdog for the public interest in Florida.

Petitioner Save our Bay, Air, and Canals is located at P.O. Box 3668, Apollo Beach, FL 33572.

Save our Bay, Air and Canals’ primary objective is to preserve and protect the environmental

quality of the waterways, air, and ensure safe drinking water for Tampa Bay and the surrounding

area. 

Petitioner Altamaha Riverkeeper is located at P.O. Box 2642, Darien, GA 31305. Altamaha

Riverkeeper works to protect and restore the water quality and flow of the mighty Altamaha

River, from its headwaters the Ocmulgee, the Oconee, and the Ohoopee to its terminus at the

Atlantic Ocean.

Petitioner Canoochee Riverkeeper is located at P.O. Box 263, Swainsboro, GA 30401. The

mission of Canoochee Riverkeeper is to protect, preserve, and restore the Canoochee River.

Petitioner Coosa River Basin Initiative is located at 408 Broad Street, Rome, GA 30161. The

Coosa River Basin Initiative, a grassroots citizens' organization based in Rome, Georgia, works

to inform and empower citizens so that they may become involved in the process of creating a

cleaner, healthier, economically viable watershed. 

Petitioner Georgia Center for Law in the Public Interest is located at 175 Trinity Avenue, SW,

Atlanta, GA 30303. The Georgia Center for Law in the Public Interest is a nonprofit public

interest law center dedicated to empowering Georgia's citizens by promoting the development

and effective implementation of public policy and laws to protect our natural resources. 

Petitioner Savannah Riverkeeper is located at 816 Mary Avenue, Augusta, GA 30904. The

mission of Savannah Riverkeeper is to protect the water quality of the Savannah River and the

integrity of its watershed, and to promote an enlightened stewardship of this unique heritage.

Petitioner Upper Chattahoochee Riverkeeper is located at 3 Puritan Mill, 916 Joseph Lowery

Boulevard, Atlanta, GA 30318. The Upper Chattahoochee Riverkeeper’s mission is to advocate

and secure the protection of the Chattahoochee River, its tributaries and watershed.

Petitioner American Bottomlands Conservancy is located at 527 Washington Place, East St

Louis, IL 62205. American Bottom Conservancy is an Illinois not-for-profit organization

working to protect the resources, people and communities of Southwestern Illinois.

Petitioner Citizens Organizing Project is located at 1455 Knox Station Road, Knoxville, IL

61448. 
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Petitioner Environmental Law and Policy Center of the Midwest is located at 35 East Wacker

Drive #1300, Chicago, IL 60601. Environmental Law and Policy Center of the Midwest is a

public interest environmental advocacy organization working to achieve cleaner energy resources

and implement sustainable energy strategies, promote innovative and efficient transportation and

land use approaches that produce cleaner air and more jobs, and develop sound environmental

management practices that conserve natural resources and improve the quality of life in our

communities.

Petitioner Illinois Environmental Council is located at 107 West Cook Street, Suite E.

Springfield, IL 62704. The Illinois Environmental Council (IEC) promotes sound environmental

laws and policies, provides a forum for environmentalists and facilitates a statewide activist

network. IEC performs legislative advocacy and serves as the environmental community's eyes,

ears and voice in Springfield.

Petitioner Prairie Rivers Network is located at 809 South Fifth Street, Champaign, IL 61820.

Prairie Rivers Network is a non-profit conservation organization that strives to protect the rivers

and streams of Illinois and to promote the lasting health and beauty of watershed communities by

providing information, sound science, and hands-on assistance.

Petitioner Citizens Action Coalition is located at First Floor, 5420 North College Avenue,

Indianapolis, IN 46220. CAC is working to empower citizens and for economic and

environmental social justice.

Petitioner Grand Cal Task Force is located at 2400 New York Avenue, Whiting, IN 46394. The

Grand Cal Task Force is a community environmental organization working cooperatively to

improve the land, air, and water quality of the Grand Calumet River and the urban ecosystem that

surrounds it and to achieve environmental justice for the people of Northwest Indiana. 

 

Petitioner Heartwood is located at P.O. Box 1424, Bloomington, IN 47402. An association of

groups, individuals, and businesses dedicated to the health and well being of the native forest of

the Central Hardwood region, and its interdependent plant, animal, and human communities.

Petitioner Hoosier Environmental Council is located at 1915 W. 18th Street, Suite A,

Indianapolis, IN 46202. Through education, advocacy, and citizen empowerment in Indiana, the

Hoosier Environmental Council works to restore and protect the natural systems upon which life

depends.

Petitioner Improving Kids Environment (KSE) is located at 5244 Carrollton Avenue,

Indianapolis, IN 46220-3181. The mission of KSE is to educate, inspire, and empower children

to protect the earth's environment. KSE Worldwide provides action-oriented educational

materials to kids, families, groups, classrooms and schools.

Petitioner People in Need of Environmental Safety is located at 1621 Colorado Avenue,

Michigan City, IN 46360. People In Need of Environmental Safety is dedicated to educating Pine

Township and surrounding area residents about surface and groundwater contamination caused

by coal ash waste. 

Petitioner Protect Our Rivers Now is located at 4454 Washington Boulevard, Indianapolis, IN

46205. Protect Our Rivers Now is a citizens' group formed in January 1995 to advocate the

preservation of Indiana stream corridors.

Petitioner Protect Our Woods is located at P.O. Box 352, Paoli, IN 47454. Protect Our Woods is

a local grassroots organization dedicated to the preservation of state and national forests as well

as to clean air and water and a high quality of life in rural Southern Indiana.
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Petitioner Sassafras Audubon Society is located at P.O. Box 85, Bloomington, IN 47402-0085.

Their mission is to advocate public understanding of the value and need for conservation of

wildlife, its habitat, our natural resources, and of the relation of intelligent treatment and wise use

of these resources to human progress.

Petitioner Save our Land and Environment is located at P.O. Box 163, Mount Vernon, IN 47620.

Save our Land and Environment’s mission is to organize support or opposition of issues, and to

promote projects and ideas that protect and improve the health of our planet.

Petitioner Save the Valley is located at P.O. Box 813, Madison, IN 47250. Save the Valley's

purpose is to hold the line and prevent further pollution of our air, water, and land in the Valley

of the Ohio River between Lawrenceburg, Indiana and Louisville, Kentucky.

Petitioner Valley Watch is located at 800 Adams Avenue, Evansville, IN 47713-2213. Valley

Watch is an Indiana not-for-profit corporation established in 1981 to protect the public health and

environment of the lower Ohio River Valley.

Petitioner Save our Rivers is located at 6222 S. Yankeetown Road, Boonville, IN 47601-8279.

Save Our Rivers' mission is to preserve and protect Indiana's water.

Petitioner Save the Dunes Council is located at 444 Barker Road, Michigan City, IN 46360. Its

objectives are to maintain and restore the integrity and quality of the natural environment of the

Indiana Dunes region

Petitioner The League of Women Voters of Indiana is located at 10 West Market Street, Suite

1720 Indianapolis, IN 46204. The League of Women Voters of Indiana is a nonpartisan political

organization that works in the public interest. Through education and advocacy, the League

promotes informed citizen participation in government and influences public policy.

Petitioner Indiana Chapter, Republicans for Environmental Protection America is located at

2429 Walnut Drive. Highland, IN 46322. Republicans for Environmental Protection America is

a 501(c)(4) nonprofit organization established in 1995 to resurrect the GOP's great conservation

tradition and to restore natural resource conservation and sound environmental protection as

fundamental elements of the Republican Party's vision.

Petitioner Kentuckians for the Commonwealth (KFTC) is located at P.O. Box 1450, London, KY

40743. KFTC believes in the power of citizens, working together, to challenge injustices, right

wrongs and improve the quality of life for all Kentuckians.

Petitioner Kentucky Resources Council is located at P.O. Box 1070, Frankfort, KY 40602. The

Kentucky Resources Council, Inc. (KRC) is a membership organization incorporated under the

laws of the Commonwealth of Kentucky and dedicated to prudent use and conservation of the

natural resources of the Commonwealth. 

Petitioner U.S. Public Interest Research Group- Gulf Field Office is located at 7808 Maple

Street, New Orleans, LA 70118. The Gulf Field Office acts as a watchdog for the public interest

in the Gulf of Mexico. 

Petitioner Campaign to Cleanup Brayton Point is located at 153 Davis Road, Westport, MA

02790. Campaign to Cleanup Brayton Point is a grassroots organization of people from eleven

Massachusetts and Rhode Island communities surrounding the plant, which is located in

Somerset, MA. Its goal is to encourage the Massachusetts Department of Environmental

Protection to promulgate and enforce more stringent air emission standards for the Brayton Point

Station, which is the most polluting power plant in New England.
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Petitioner Clean Water Action of Massachusetts is located at 36 Bromfield Street, Suite 204, 

Boston, MA 02108. Clean Water Action of Massachusetts works for clean, safe and affordable

water, prevention of health-threatening pollution, creation of environmentally-safe jobs and

businesses, and empowerment of people to make democracy work. 

Petitioner Concerned Citizens of Freetown is located at P.O. Box 482, Freetown, MA 02717.

Concerned Citizens of Freetown is a nonprofit organization seeking a better environment for the

people of Freetown, MA and one in which the needs of all the people are addressed.

Petitioner Conservation Law Foundation is located at 62 Summer Street, Boston, MA 02110-

1016. The Conservation Law Foundation works to solve the environmental problems that

threaten the people, natural resources, and communities of New England. Conservation Law

Foundation's advocates use law, economics, and science to design and implement strategies that

conserve natural resources, protect public health, and promote vital communities in our region. 

Petitioner Environmental League of Massachusetts is located at 14 Beacon Street, Suite 714,

Boston, MA 02108. ELM is dedicated to protecting the air, water and land for the people of the

Commonwealth. 

Petitioner Haverhill Environmental League is located at P.O. Box 1072, Haverhill, MA 01831.

The Haverhill Environmental League is a grassroots citizens' group concerned with all aspects of

the environment including air quality, water quality, and the conservation of natural resources. 

Petitioner Healthlink is located at 4 Sewall Street, Marblehead, MA 01945. HealthLink’s

mission is to protect and improve public health by reducing and eliminating pollutants and toxic

substances from our environment, through research, education and community action.

Petitioner Salem Alliance for the Environment is located at P.O, Box 8713, Salem, MA 01970.

Salem Alliance for the Environment is dedicated to addressing environmental issues through

education, advocacy, and community organizing. Our goal is to assure that Salem is a healthy and

prosperous place in which to live. 

Petitioner The League of Women Voters of Beverly is located at 14 Peabody Avenue, Beverly,

MA 01915. The League promotes an environment beneficial to life through the protection and

wise management of natural resources in the public interest by recognizing the interrelationships

of air quality, energy, land use, waste management and water resources.

Petitioner Toxics Action Center is located at 29 Temple Place, Boston, MA 02111. Through

group consultations, expert referrals, conferences, and information guides, Toxics Action Center

helps citizens wage effective campaigns to force stubborn polluters and unresponsive

bureaucracies to protect the health and safety of communities.

Petitioner Wenham Lake Watershed Association is located at 6 Quincy Park, Beverly, MA 01915. 

The goal of the Wenham Lake Watershed Association is to insure the integrity of the drinking

water for Beverly, Salem and Wenham by promoting the thorough investigation, impartial

evaluation and effective removal of threats to Wenhan Lake.

Petitioner Clean Air Task Force is located at 77 Summer Street, 8th floor, Boston, MA 02110.

Clean Air Task Force is a nonprofit organization dedicated to restoring clean air and healthy

environments through scientific research, public education and legal advocacy.

Petitioner Hands Across the River is located at 222 Union Street, New Bedford, MA 02740.

Hands Across the River strives to protect the environment. Hands Across the River is for those

people who think mankind is part of nature, that men and woman are part of the ecosystem, not
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the designers. 

Petitioner Marblehead Cancer Prevention Project is located at 8 Crown Way, Marblehead, MA 

01945. The Marblehead Cancer Prevention Project is an issue-oriented, grassroots effort focused

primarily on understanding, exposing and eliminating the environmental causes of cancer.

Petitioner Massachusetts Public Interest Research Group (MASSPIRG) is located at 29 Temple

Place, Boston, MA 02111. The Massachusetts Public Interest Research Group is an advocate for

the public interest. Using the time-tested tools of investigative research, media exposés,

grassroots organizing, advocacy, and litigation, MASSPIRG uncovers threats to the public

interest.

Petitioner The Coalition for the Health of Aggregate Industries Neighbors (CHAIN) is located at

19 Essex Street, Swampscott, MA 01907. The Coalition for the Health of Aggregate Industries

Neighbors are regular folks leading normal busy lives who stood up one day and said, "NO!" to

the increase in air and noise pollution in our neighborhood. CHAIN’s common concern for the

lack of suitable regulation of local industrial pollution has drawn us together.

Petitioner Patapsco Waterkeeper is located at 4798 Roundkill Road, Ellicott City, MD. Patapsco

Riverkeeper protects, promotes, and advocates on behalf of the health of the entire Patapsco

River watershed - the river itself, the ecosystems it supports, and the human and animal

communities it sustains.

Petitioner Toxics Action Center is located at 39 Exchange Street, Suite 301, Portland, ME 04101.

Through group consultations, expert referrals, conferences, and information guides, Toxics

Action Center will help citizens wage effective campaigns to force stubborn polluters and

unresponsive bureaucracies to protect the health and safety of communities.

Petitioner Michigan Environmental Council is located at 119 Pere Marquette Drive, Suite 2A,

Lansing, MI 48912. The Michigan Environmental Council (MEC) provides a collective voice for

the environment at the local, state and federal levels. Working with our member groups and their

collective membership of nearly 200,000 residents, MEC is addressing the primary assaults on

Michigan’s environment; promoting alternatives to urban blight and suburban sprawl; advocating

for a sustainable environment and economy; protecting Michigan’s water legacy; promoting

cleaner energy; and working to diminish environmental impacts on children’s health.

Petitioner Public Interest Research Group in Michigan is located at 122 South Main Street, Suite

370, Ann Arbor, MI 48104. Public Interest Research Group in Michigan works to deliver

persistent, results-oriented activism that protects our environment, encourages a fair, sustainable

economy, and fosters a responsible, democratic government. 

Petitioner Clean Water Action Alliance of Minnesota is located at 326 Hennepin Avenue East, 

Minneapolis, MN 55414. Clean Water Action Alliance of Minnesota is a state chapter of national

clean water action working to ensure that Minnesota has clean and safe water now and for

generations to come. We promote the fundamental policies needed to improve the quality of our

water and our lives. 

Petitioner Kids for Saving Earth is located at P.O. Box 421118, Minneapolis, MN 55442. The

mission of Kids for Saving Earth is to educate, inspire, and empower children to protect Earth’s

environment. 

Petitioner Montana Environmental Information Center is located at P.O. Box 1184, Helena, MT

59624. MEIC works to protect and restore Montana's natural environment.
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Petitioner Bull Mountain Land Alliance is located at 13838 US Highway 87 N, Shepherd, MT 

59079. Bull Mountain stands up for land and people, works for renewable energy, family farms

and ranches and a healthy local economy. We do this by acting as a watchdog on coal based

energy development. Bull Mountain believes in protecting air, water and land and works to

ensure the long-term productivity of Eastern Montana and other coal communities.. 

Petitioner Northern Plains Resource Council is located at 2401 Montana Avenue, Suite 200,

Billings, MT 59101. The Northern Plains Resource Council organizes Montana citizens to

protect our water quality, family farms and ranches, and unique quality of life.

Petitioner Appalachian Voices is located at 703 West King Street, Suite 105, Boone, NC 28607.

Appalachian Voices is committed to protecting and restoring the ecological integrity, economic

vitality, and cultural heritage of the central and southern Appalachians.

Petitioner Dakota Resources Council is located at #10, 2010 E Capitol Avenue, Bismarck, ND

58501-2257. Dakota Resources Council is working for preservation of family farms, enforcement

of corporate farming laws, soil and water conservation, regulation of coal mining and oil and gas

development, protection of groundwater and clean air, renewable energy, and sound management

of solid and toxic wastes.

Petitioner Hackensack Waterkeeper, Inc. is located at 231 Main Street, Hackensack, NJ 07601.

Hackensack Waterkeeper, Inc. is dedicated to preserving rivers from polluters.

Petitioner Forest Guardians is located at 312 Montezuma, Suite A, Santa Fe, NM 87501. Forest

Guardians seeks to preserve and restore native wildlands and wildlife in the American Southwest

through fundamental reform of public policies and practices.

Petitioner Water Information Network is located at P.O. Box 4524, Albuquerque, NM 87106.

The mission of the Water Information Network is to educate and empower grassroots citizens

and organizations to fight for a clean environment on their own behalf and in the most effective

manner possible. 

Petitioner Natural Resources Defense Council is located at 40 West 20th Street, New York, NY

10011. The Natural Resources Defense Council uses law, science and the support of more than 1

million members and online activists to protect the planet's wildlife and wild places and to ensure

a safe and healthy environment for all living things.

Petitioner New York Public Interest Research Group (NYPIRG) is located at 9 Murray Street,

New York, NY 10007-2272. NYPIRG acts as a watchdog for the public interest in New York.

Petitioner Riverkeeper is located at P.O. Box 130, Garrison, NY 10524. Our mission is to

safeguard the ecological integrity of the Hudson River, its tributaries and the watershed of New

York City (protecting the city's drinking water supply) by tracking down and stopping polluters. 

Petitioner Waterkeeper Alliance is located at 828 South Broadway, Tarrytown, NY 10591.

Waterkeeper Alliance connects and supports local Waterkeeper programs to provide a voice for

waterways and communities worldwide. 

Petitioner Coalition on the Environment and Jewish Life is located at 443 Park Avenue South,

11th floor, New York, NY 10016. The Coalition on the Environment and Jewish Life deepens

the Jewish community’s commitment to the stewardship of creation and mobilizes the resources

of Jewish life and learning to protect the Earth and all its inhabitants. 

Petitioner Buckeye Forest Council is located at P.O. Box 99, Athens, OH 45701. The Buckeye
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Forest Council is a grassroots organization dedicated to the protection of Ohio's forests and their

inhabitants through education, advocacy, and organizing.

Petitioner Ohio Environmental Council is located at 1207 Grandview Avenue, Suite 201,

Columbus, OH 43212-3449. The Ohio Environmental Council works across the state to unite

Ohio’s conservation and environmental community to keep watch of Ohio’s air and water

quality, take action to better environmental policies, and make change for a greener tomorrow.

Petitioner Ohio River Foundation is located at 4480 Classic Drive, Cincinnati, OH 45241. The

Ohio River Foundation is a nonprofit organization founded by a group of citizens concerned

about the Ohio River. Ohio River Foundation's mission is to protect and restore the water quality

and ecology of the Ohio River and its tributaries for the health and enjoyment of present and

future generations.

Petitioner Center for Environmental Equity is located at 610 SW Alder, #1021, Portland, OR 

97205. The Center for Environment (CEE), founded in 1994, is an advocate for people,

communities, and natural resources burdened by environmental hazards and degradation. CEE

expands public awareness through newsletters, community-partners, media, and community.

Petitioner Oregon State Public Interest Research Group (OSPIRG) is located at 1536 SE 11th

Avenue, Portland, OR 97214. Oregon State PIRG acts as a watchdog for the public interest in

Oregon.

Petitioner Allegheny Riverkeepers is located at 48 Center Avenue, West View, PA 15229.

Petitioner Army for a Clean Environment is located at 2066 Evergreen Drive, Tamaqua, PA

18252. Army for a Clean Environment works to promote a safe environment through education

and fostering the prevention of the dumping of harmful materials in the community and

surrounding areas.

Petitioner Clean Water Action of Pennsylvania is located at 100 5th Ave, Suite 1108, Pittsburgh,

PA 15222. Clean Water Action of Pennsylvania works for clean, safe and affordable water,

prevention of health-threatening pollution, creation of environmentally-safe jobs and businesses,

and empowerment of people to make democracy work. 

Petitioner Group Against Smog and Pollution is located at P.O. Box 5165, Pittsburgh, PA 15206. 

Group Against Smog and Pollution is a nonprofit group in Southwestern Pennsylvania working

for a healthy, sustainable environment.

 

Petitioner Jefferson Action Group, Inc. is located at 123 Oakwood Drive, Clairton, PA. Jefferson

Action Group works to ensure human health is a priority in all environmental regulations.

Petitioner Mahanoy Creek Watershed Association is located at 420 Dutchtown Road, Ashland,

PA 17921. Mahanoy Creek Watershed Association is a nonprofit grassroots organization formed

to remediate the negative effects of 100 years of anthracite coal mining in the Mahanoy Creek

and prevent further damage to our local waters.

Petitioner Mountain Watershed Association is located at Box 408, Melcroft, PA 15462. The

Mountain Watershed Association is a nonprofit, tax-exempt community-based Pennsylvania

corporation concerned with the preservation and remediation of the Indian Creek Watershed from

Jones Mills, Westmoreland County to the Youghiogheny River, Fayette County. The major

purposes of the Association are to bring about remediation of the numerous acid mine discharges

resulting from over 125 yeas of mining in the Indian Creek Watershed, to develop community

awareness, to promote cooperative community efforts for remediation, and to encourage sound
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environmental practices.

Petitioner Tri-State Citizens Mining Network is located at 140 Sugar Run Road, Eighty-Four, PA

15774. The Tri-State Citizens Mining Network coordinates a group of organizations and

individuals dedicated to informing and educating the public about the effects of mining on the

environment and on the communities in the coalfields. By working to improve laws, regulations,

and enforcement, the Network seeks protection of the environment and justice for coalfield

citizens. 

Petitioner Pennsylvania Environmental Network (PEN) is located at 117 West Wood Lane, Kane,

PA 16735. The purpose of the Pennsylvania Environmental Network is to support and

encourage local grassroots activism throughout Pennsylvania by networking individuals and

groups across the state on a variety of environmental issues. 

Petitioner Clean Water Action of Rhode Island is located at 741 Westminster Street, Providence,

RI 02903. Clean Water Action of Rhode Island works for clean, safe and affordable water,

prevention of health-threatening pollution, creation of environmentally-safe jobs and businesses,

and empowerment of people to make democracy work.

Petitioner Conservation Law Foundation: Rhode Island Advocacy Center is located at 55

Dorance Street, Providence, RI 02903. The Conservation Law Foundation (CLF) works to solve

the environmental problems that threaten the people, natural resources, and communities of

Rhode Island. CLF's advocates use law, economics, and science to design and implement

strategies that conserve natural resources, protect public health, and promote vital communities

in our region. 

Petitioner Rhode Island Public Interest Research Group is located at 11 South Angell Street,

#337, Providence, RI, 02906. Rhode Island Public Interest Research Group acts as a watchdog in

Rhode Island.

Petitioner Save the Bay is located at 434 Smith Street, Providence, RI 02908. The mission of

Save The Bay is to ensure that the environmental quality of Narragansett Bay and its watershed is

restored and protected from the harmful effects of human activity. 

Petitioner Save Our Cumberland Mountains (SOCM) is located at P.O. Box 479, Lake City, TN

37769 Save Our Cumberland Mountains is a nonprofit Tennessee grassroots citizen's

organization working for environmental, social, and economic justice, in areas such as forestry,

strip mining, toxic issues, tax reform, dismantling racism and other issues on a local level. 

Petitioner Southern Alliance for Clean Energy is located at P.O. Box 1842, 117 South Gay

Street, Knoxville, TN 37901-1842. Southern Alliance for Clean Energy is not-for-profit, nonpartisan organization working with citizens for clean air, clean water and healthy communities in

the Southeast by advancing energy efficiency and sustainable energy policies, promoting clean

energy technologies and holding polluters to higher standards. 

Petitioner Clean Water Action, Texas is located at 715 23rd Street, Suite R, Austin, TX 78705.

Clean Water Action of Texas works for clean, safe and affordable water, prevention of healththreatening pollution, creation of environmentally-safe jobs and businesses, and empowerment of

people to make democracy work. 

Petitioner Friends of the Sabine is located at P.O. Box 12071, Longview, TX 75607. Friends of

the Sabine is a nonprofit corporation that is organized to protect the Sabine River and Sabine

Basin.
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Petitioner Friends United for a Safe Environment (FUSE) is located at P.O. Box 85, Texarkana,

TX 75504. Friends United for a Safe Environment is committed to education and action in

protecting all aspects of the environment and dedicated to serve as a watchdog toward that goal.

Petitioner Neighbors for Neighbors is located at P.O. Box 661, Elgin, TX 78621. Families

working together to protect the lands, economy, and quality of life of Bastap and Lee counties for

future generations.

Petitioner Public Citizen is located at 1002 West Avenue, #300, Austin, TX 78701. Public

Citizen works to protect health, safety, and democracy.

Petitioner SEED Coalition is located at 611 S. Congress, Suite 200, Austin, TX 78704. The

SEED Coalition is an alliance of Texans dedicated to reducing pollution from power plants,

refineries and cars and promoting clean energy jobs in energy efficiency, renewable energy and

other advanced technologies.

Petitioner Sensible Management of Aquatic Resources Team (SMART) is located at 803 Terrell

Hill, Austin, TX 78704 and is an advocate of balanced, non-toxic aquatic weed management.

Petitioner Texas Black Bass Unlimited is located at P.O. Box 11729, Houston, TX 77293. Their

goals are the education of the youth and the general public in conservation, the protection of 

Texas fish and fisheries, and the protection and propagation of all species of fresh water fish in

the State of Texas. 

Petitioner Texas Campaign for the Environment is located at 611 S. Congress, Suite 200, Austin,

TX 78704. Texas Campaign for the Environment is dedicated to informing and mobilizing

Texans to protect the quality of their lives, their health and the environment. They believe that

people have a right to know and a right to act on issues that fundamentally affect their lives and

future.

Petitioner Texas Committee on Natural Resources is located at 3532 Bee Caves Road, Suite 110,

Austin, TX 78746. Texas Committee on Natural Resources is a 30-year old conservation

organization committed to protecting native ecosystems and promoting efficient use of natural

resources in Texas. The Texas Committee on Natural Resources addresses water quality, public

land management, wildlife, air quality, coastal issues, and recycling. 

Petitioner Working for Environmental Community Action Now (WE CAN) is located at 207 N.

Center Street, Longview, TX 75601. Working for Environmental Community Action Now

strives to promote health communities, healthy homes, healthy environments and better use of

resources.

Petitioner Bastrop County Environmental Network is located at P.O. Box 1069, Bastrop, TX

78602. The Bastrop County Environmental Network is committed to protecting the air, land and

water in Bastrop County so that it continues to provide a healthy habitat for all the creatures who

live there.

Petitioner Dickenson County Citizens Committee is located at Route 1, Box 602, Clinchco, VA

24226. Dickenson County Citizens Committee works to protect the citizens of Dickerson

County, VA.

Petitioner Vermont Public Interest Research Group (VPIRG) is located at 141 Main Street, Suite

6, Montpelier, VT 05602. VPIRG's mission is to promote and protect the health of Vermont's

environment, people, and locally-based economy. By informing and mobilizing individuals and

communities across the state, VPIRG brings the voice of citizens to public policy debates that
12

shape the future of Vermont.

Petitioner Clean Wisconsin is located at 122 State Street, Suite 200, Madison, WI 53703-2500.

Clean Wisconsin, an environmental advocacy organization, protects Wisconsin's clean water and

air and advocates for clean energy by being an effective voice in the state legislature and by

holding elected officials and corporations accountable. 

Petitioner Coal River Mountain Watch is located at P.O. Box 651,Whitesville, WV 25209. The

mission of Coal River Mountain Watch is to stop the destruction of our communities and

environment by mountaintop removal mining, to improve the quality of life in our area and to

help rebuild sustainable communities. 

Petitioner Friends of the Mountains is located at P.O. Box 6752, Huntington, WV 25772.

 

Petitioner Ohio Valley Environmental Coalition is located at P.O. Box 6753, Huntington, WV

25773. Ohio Valley Environmental Coalition is a nationally recognized grassroots organization

dedicated to preserving and protecting our natural heritage.

Petitioner West Virginia Environmental Council is located at 1324 Virginia Street, East

Charleston, WV 25301. The mission of the West Virginia Environmental Council is to facilitate

communication and cooperation among citizens in promoting environmental protection in West

Virginia, to assist in organizing grassroots groups, to facilitate interaction among established

environmental organizations, and to correspond with all appropriate local, state, and federal

agencies involved in the management of West Virginia's environment.

Petitioner West Virginia Interfaith Center for Public Policy (WVICPP) is located at P.O. Box

1061, Chas, WV 25324. The WVICPP is a statewide organization dedicated to the universal

values of justice, compassion, and respect for human dignity. Members come from many faith

traditions to promote the positive, constructive presence of religion in public life.

Petitioner West Virginia Interfaith Global Climate Change Campaign is located at P.O. Box 226,

Talcott, WV. West Virginia Interfaith Global Climate Change’s goals for the world are global

awareness and appreciation of one another, global citizenship, harmony, and responsibility, equal

“eco-footprints” (the “mark” we leave on the Earth), sustainable, equitable use of world

resources, and being aware and knowledgeable of energy consumption.

Petitioner Wyoming Outdoor Council is located at 262 Lincoln, Lander, WY 82520. Wyoming

Outdoor Council is Wyoming's largest statewide conservation organization and the state's leading

advocate for natural resources conservation and environmental protection. Wyoming Outdoor

Council works to safeguard the state's spectacular national parks and protected areas, vast

national forests and other public lands, world-renowned wildlife and its habitat, blue-ribbon

fisheries and enviable air and water quality.

III. STATEMENT OF LAW

The Resource Conservation and Recovery Act was enacted by the U.S. Congress in 1976 to

promote the protection of human health and the environment by regulating the generation, treatment,

re-use, transport and disposal of solid wastes while at the same time conserving valuable materials

and promoting energy recovery. Section 6902(a) and (b) of the Act specifically provide as follows:

Objectives. The objectives of this chapter are to promote the protection of health and the

environment and to conserve valuable material and energy resources by ... prohibiting future

open dumping on the land and requiring the conversion of existing open dumps to facilities

which do not pose a danger to the environment or to health.
1

EPA Damage Case List, dated June 2003 2

Ibid. 3

Regulatory Determination on Wastes from the Combustion of Fossil Fuels (“EPA Regulatory

Determination”), 65 Federal Register 32214 et seq. (May 22, 2000).

13

National Policy. Waste that is nevertheless generated should be treated stored, or disposed of so as

to minimize the present and future threat to human health and the environment.

Despite its findings in a series of Regulatory Determinations that indicate that the

mismanagement of combustion wastes from the coal and fossil fuel industries can and has resulted

in surface water and groundwater contamination throughout the United States, the EPA has failed

to promulgate any regulatory standards to govern the waste management and disposal practices.

Currently, the EPA regulates the placement and disposal of municipal garbage far more stringently

than it regulates the placement and disposal of coal combustion wastes and other wastes generated

by the combustion of fossil fuels, a regulatory distinction that is not based on valid science. 

Section 6974(a) of the Resource Conservation and Recovery Act allows any person to

petition the Administrator of the EPA to promulgate, amend or repeal any environmental

regulations enacted thereunder and within a reasonable time following receipt of such petition,

the Administrator shall take action with respect to such petition and shall publish notice of such

action in the Federal Register, together with the reasons thereunder. This Petition should be

considered to be a formal rulemaking request and processed accordingly.

IV. STATEMENT OF GROUNDS AND ARGUMENT

Each year coal-burning power plants generate approximately 130 million tons of power plant

waste in the United States. This volume is expected to grow to as much as 190 million tons per year

if additional controls governing hazardous air emissions from these plants are implemented. As the

cost of landfilling rises, utilities are turning to “reuse” and disposal alternatives at coal mines as

suitable and inexpensive disposal sites for these wastes, as well as continuing to build and expand

unlined and unmonitored surface impoundments (ponds). Coal power plant waste (including but not

limited to coal fly ash and bottom ash, flue desulfurization waste, boiler slag, and boiler cleaning

wastes) may contain many toxic, heavy metals (i.e.; arsenic, cadmium, chromium, lead, manganese,

mercury, selenium and thallium among others) as well as sulfates, chlorides and boron. These

constituents, which are found naturally in coal, are concentrated in the wastes produced as a byproduct of combustion. In addition, these wastes can contain detectable and dangerous levels of

polyaromatic hydrocarbons (“PAHs”), benzene, phenols, polychlorinated biphenyls (“PCBs”),

cyanide, dioxins and furans. All of these hazardous constituents leach out of power plant waste and

into water supplies when the waste comes into contact with water. 

The EPA has recognized 65 cases of damage where drinking water, groundwater or surface

water has been contaminated with hazardous constituents from power plant waste.1 EPA also

recognizes that power plant waste causes extensive damage to aquatic ecosystems.2 And EPA

recognizes that power plant waste, when placed in contact with groundwater in mines, can threaten

human health and the environment.3

 The scientific record, as evidenced by EPA’s list of damage

cases from coal power plant wastes, clearly establishes that these wastes, when in direct contact with

groundwater or surfacewater, produce levels of contamination toxic to humans and the environment.

For example:

The San Juan Generating Plant and BHP Mine in Farmington, New Mexico. Power

plant wastes were dumped into the BHP surface coal mine in a manner that left these

wastes in direct contact with groundwater. The resulting contamination of the

groundwater and the Shumway Arroyo contributed to the death of over 1000 sheep
4

Lemly, A.D. 1985. Toxicology of Selenium in a Freshwater Reservoir: Implications for Environmental

Hazard Evaluation and Safety. Ecotox. Environ. Saf. 10:314-338. 5

Rowe C.L.; W.A. Hopkins, J.D.Congdon. Ecotoxicological Implications of Aquatic Disposal of Coal

Combustion Residues In the United States: A Review. Environmental Monitoring and Assessment, 80:207-276,

2002. 6

There are approximately 280 power plant waste surface impoundments in the United States. EPA, 1999,

Report to Congress, Wastes form the Combustion of Fossil Fuels, Office of Solid Waste and Emergency Response,

March 1999 at page 3-29. 7

EPA Regulatory Determination, 65 Federal Register at 32229.

14

and several hundred cattle.

Yard 520 Landfill in Town of Pines, Indiana. Power plant wastes were dumped in

a landfill in direct contact with a groundwater aquifer that supplies the drinking water

for the Town of Pines and in low wetland areas in this community. As a result, the

power plant waste contaminated the town’s drinking water with heavy metals and

boron and forced the abandonment of dozens of drinking water wells. A remedial

action is being conducted in the town under the Superfund program.

Belews Lake, North Carolina. Water discharged from a coal ash lagoon into Belews

Lake in 1974 killed 17 out of 20 fish species in the lake and rendered two other

species infertile. Belews Lake is one of the most extensive and prolonged cases of

selenium poisoning of freshwater fish in the United States. The contamination caused

deformities in fish and amphibians remaining in the lake, and evidence indicates that

waterfowl feeding from the lake have been adversely impacted.4

 A fish consumption

advisory was declared for Belews Lake, a formerly popular fishing spot. Ten years

after the discharge of ash to the lake ceased, selenium was still present at moderate

risk levels.

Highway 59 Ash Landfill, Wisconsin. Power plant wastes were dumped into an old

quarry below the water table. As a result, power plant waste contamination at levels

toxic to humans has spread to 8 drinking water wells. These wells have been

abandoned.

Martin, Brandy Branch, and Welsh Reservoirs, Texas. Power plant waste lagoons

discharged directly into all three reservoirs and caused significant selenium

contamination. The selenium contamination caused fish kills at Martin Reservoir,

and all three reservoirs had to be placed under a selenium fish consumption advisory.

Savannah River Site, South Carolina. At the Savannah River Site near Aiken, SC

scientists have documented that discharges from surface impoundments caused death,

deformities, reproductive problems and genetic damage in fish, amphibians, reptiles

and mammals that inhabited or fed from the receiving waters.5

Despite the large body of evidence of contamination caused by these disposal practices,

power plant wastes are being dumped into mine pits, unlined surface impoundments and landfills

that have been constructed into or adjacent to groundwater and surface water at hundreds of sites

across the country. At mines such as the Springdale Pit in Tamaqua, Pennsylvania, the Farmersburg

Mine in Sullivan County, Indiana and the Sandow Mine in Lee County, Texas millions of tons of

power plant wastes are authorized for disposal in a manner that directly places these wastes into

contact with groundwater. At coal-burning power plants across the country, vast quantities of power

plant waste also come into direct contact with surface water in onsite impoundments.6 According to

EPA, hydraulic pressure in surface impoundments “increases the likelihood of releases.”7

 
15

In further support of this petition, we submit as evidence a list of scientific articles on coal

power plant waste (Attachment 1) and EPA’s own list of coal power plant waste damage cases

(Attachment 2), all of which demonstrate the adverse impact that the mismanagement of these wastes

is having today on the waters of the United States.

Prohibiting the placement or disposal of coal power plant wastes in direct contact with

groundwater or surface water will greatly reduce the risk to human health, drinking water and the

environment. In the absence of federally enforceable regulations governing the disposal and

placement of power plant waste, such a prohibition is essential because existing state regulations

are either inadequate or are not consistently enforced in a manner that protects human health and

the environment. 

V. REQUEST

The undersigned request this rulemaking because the practice of placing coal power plant waste in contact with

groundwater and surface water is widespread; because the quantity of coal power plant waste generated annually is so

large that the continuation of dangerous disposal practices poses great risk to the nation’s water resources,; because the

states, without federal regulations, oversight and guidance, have allowed over 65 documented cases of damage to occur

throughout the United States; and lastly because such placement and disposal clearly constitutes an imminent and

substantial endangerment to health and the environment nationwide. Therefore decisive and immediate action by EPA

in the form of a rulemaking prohibiting the disposal of such toxic wastes into ground water and surface water is

appropriate, reasonable and necessary.

As established by 5 U.S.C. 555(e) and 42 U.S.C. 6974(a), petitioners request that the Administrator take action

with respect to this petition within a reasonable time and provide an answer, including a statement of the reasons for

denial if denied and publish such decision in the federal register. Failure to respond within a reasonable time will be

construed as constructive denial of the request contained herein and petitioners will then consider the pursuit of litigation

to compel agency rulemaking necessary for the protection of health or the environment.

Respectfully submitted this ninth day of February 2004.