CITI ZEN PETITION BEFORE THE UNITED STATES ENVI RONMENTA

L PROT ECTI ON AGENC Y HOOSIER ENVI

RONMENTA

L COU NCIL , INC

. ) 1915 W. 18th Street, Suite A ) Indianapolis, I

N 46202 ) ) CITI ZENS COA

L COU NCIL , INC

. ) 1705 Pearl Street ) Denver, CO 80210 ) ) PUBLI C CITIZ

EN ) 1002 West Avenue ) Austin, TX 78701 ) ) SIERRA CLUB ) 408 C. St., N.E. ) Washington, D.C. 20002 ) ) CLEAN WATER ACTIO N ) 4455 Connecticut Ave ) Washington, D.C. 20008 ) et al., ) Petitione rs, ) Filed With: ) ) MICHAEL

LEAVITT, ) In his official capac ity as ) Administrator ) U.S. Environmental Protection Agency ) Ariel Rios Building ) 1200 Pennsylvania Avenue , NW ) Washington, D.C. 20460 ) PETITI ON FOR A RULEMAKI NG PROHIBI

TING THE DI SPOSAL OF COAL POWER PLANT WASTES IN GROUN DWATER AND SURFACE WATER I. REQUESTED ACTI ON 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 rulemakingrequesting that the Administrator immediately act to protect

health and the environment by prohibiting the p lace ment or dis posal of p ower pla

nt waste f rom the c ombustion o f coal in to groundwater

and surf

ace wa te r, i ncluding

manmade

waterbo dies, unti l such time as EPA promulgates feder al ly enforc eable regulations pursuant to RCRA. The U.S. Environmental ProtectionAgency

( “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 c ertain 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 a nd disposal of these industrial solid wastes warrant an immediate regulatory prohibition. II . PETI TION

ERS2

Petitioner Cook Inle t Wate rkeepe r 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 Co ok In

let wate rshed an d the life it sustains

. Petitioner Alabama E

nvironme ntal Counc il is located at 2717 7th Avenue South, Suite 207, Birmingham, AL 35233. The Alabama Environmental Council (AEC) is a grassroots advoca cy organization dedicated to the preservation and prote ction 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 biolo gy

with litig ation, pol icy

advoca cy , and an in

novative strategic vision, the

Center f or Biolog ical Dive rsity is working

to secur e a futur e for an imals and p lants hovering on the brink of extinction, for the wilderness they need. Petitioner Grand Cany

on Trust is located at 2601 N. Fort Valley Road, Flagstaff, AZ 86001. The mission of Gra

nd Cany on Trust is

to protect and res tore the Colorado Plateau- -its spectacular landscapes, flowing r ivers, clean air, diversity

of plants and animals, and areas of beauty and solitude. Petitioner Sierra Club is locate d at 85 Sec ond Stree t, San Fr ancisco , CA 94105. Sierra Cl ub is a nonprofit environmental advocacy organization seeking to protect and restore the quality of the natural and human

environment. Petitioner Citizens Coa l 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 coal fields. Petitioner Environment Colorado is located at 1530 Blake Street, Suite 220, Denver, CO 80202. Environme

nt Colorad

o focuse s exclusive ly on protecting Color ado's a ir, wate r and ope n spaces

. We speak out and take action at the local, state and national levels to improve the qua lity of our environment and our lives. Petitioner Oil &

Gas Acco untability

Project is located at P.O. Box 1102, 863 1/2 Main Avenue, Durango, CO 81302. The Oil & Gas Acc ountability Project works with communities throughout the Rocky Mountain West and acr oss the country to reduc e the social, economic and environmental pr

oblems ca used by oil and g as devel opment. 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 West

ern Colora do Congres

s 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 com

munities. Petitioner West

ern Slope Environm ental Res ource Cou ncil is located at P.O. Box 1612, Paonia, CO 81428. We stern Slop e Environ mental Re source C ouncil is a grassr oots, nonp

rofit cit izens' group d edicate d to prote cting a

nd enhan cing the natural environment and qu

ality of life in Delta County and on Colorado's Wester n Slope. Petitioner Clean W

ater Acti on of Connecticut is located at 118 Oak Street, Hartford, CT.06106, Clean Water Action of Connecticut works for clean, safe and affordable water, preve ntion of3

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-saf

e jobs and businesses, and empowerment of people to make democr acy wor k. Petitioner Friends of the Earth is located at 1717 Massachusetts Avenue NW, Washington, DC 20036. Friends of the Earth defends the environment a nd champions a healthy a nd just world. Petitioner U.S. Public Interest Research Group is located at 218 D Street SE, Washington, DC 20003. US PI

RG acts a s a watch

dog for the public

interest in our nat

ion's ca pital. Petitioner Flor ida Pu blic I ntere st Res earch Group (PIRG) is locate d at 704 Wes t Madison St reet, Tallahassee, FL

32304. Florida PIRG acts as a wa tchdog 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 water

ways, air, a

nd ensure safe drinking water f or Tampa Bay

and the surrounding area. Petitioner Altamaha R iverke eper is located at P.O. Box 2642, Darien, GA 31305. Altamaha Riverkeeper works to protect and restore the water quality a

nd 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 Riverk eeper 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 g rassroots citizens' organization based in Rome, Georgia, works to in form a nd emp ower ci tize ns so that t hey may become invo lved i n the p rocess of crea ting a cleaner, healthier, economically viable watershed. Petitioner Georgia Ce

nter for Law i

n the Publi

c Intere st is loc ated

at 17 5 Tri

nity Aven ue, SW , Atlanta, GA 30303. The Geor gia Cen ter for L aw in the P

ublic I nterest i s a nonpro fit public interest law center dedicated to empower ing Georgia's c itizens by promoting the development and effective implementation of public policy and laws to protect our natural resources. Petitioner SavannahRiverkeeper 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 stewar dship of this unique heritage. Petitioner Upper Cha ttahoochee Riverk eeper is located at 3 Puritan Mill, 916 Joseph Lowery Bouleva rd, Atlan ta, GA 303 18. The U

pper Cha ttahooch ee River keeper ’s mission i s to advoc ate and secure the protection of the Chattahoochee River, its tributaries and watershed. Petitioner American Bottomlands Conservancy is locate d at 527 Washington P lace, Ea st St Louis, IL 62205. American Bottom Conservancy is an Illinois not-for-profit orga nization working to protect the reso

urces, p eople an

d communiti es of South

western Illinois. Petitioner Citizens Or

ganizing Pr

oject is lo cat ed a t 1 455 Kno x S tat io n R oad , Kn ox vi ll e, IL 61448.4

Petitioner Environm ental Law an d Policy C enter of th e Midwest is located at 35 East Wacker Drive #1 300, Chica

go, I L 6060 1. Environmental Law and Pol icy Center of the Midwe st is a public interest environmental advocacy organization working to achieve clea ner energy

resources and implement sustainable energy strategies, promote innovative and efficient tra nsportation and land use approaches that produce clea ner air and more jobs, and develop sound environmental management practices that conser ve natural resources and improve the quality of life in our communitie s. Petitioner Illinois En vironme ntal Counc il is located at 107 West Cook Street, Suite E. Springfield, IL

62704. The Illinois Environmental Council (I EC) promotes sound environmental laws and policies, provides

a forum f or envir onmental ists and fa

cilitate s a statew

ide activ ist network . IEC p erforms

legisla tive advo cacy

and serv es as the

environmental community 's ey es, 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 org anization that strives to protect the rivers and streams of Illinois and to promote the lasting he alth 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, I

N 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, I N 46394. The Grand Ca l Task Force is a

community

environmental or

ganizat ion workin

g coope ratively to improve the land, air, and water quality of the Grand Calumet River and the urban ecosy stem 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 a ssociation of groups, individuals, and businesses dedicated to the health and well being of the native forest of the Centr al Hardwood region, and it s interde pendent p lant, ani

mal, and h

uman comm

unities. Petitioner Hoosier E

nvironme ntal Counc il is located at 1915 W. 18 th Street, Suite A, Indianapolis, I

N 46202. Through education, advocacy , and citizen empowerment in Indiana, the Hoosier Environmental Council works to restore and protect the natura l systems upon which life depends

. Petitioner Impro ving K ids E nviro nment (KSE) is located at 5244 Carrollton Avenue, Indianapolis, I

N 46220-3181. The mission of KSE is to educate, inspire, and empower children to protect the earth's environment. KSE Worldwide provides action-or iented educational materia ls to kids, f

amilies, g roups, cl assrooms

and scho ols. Petitioner People in Need of Environmental Safety is located at 1621 Colorado Avenue, Michigan City, I

N 46360. People In Need of Envir onmental Safety is dedica ted to educating Pine Township and surrounding area residents about surf ace and groundwater c ontamination caused by coal ash wa ste. Petitioner Protect O

ur Rivers Now is lo cat ed a t 4 454 Wa shi ngt on B oul eva rd, Indi ana pol is , IN 46205. Protect Our Rivers Now is a citizens' group formed in January 1995 to advocate the preser vation of India na strea m corridors. Petitioner Protect O

ur Wo ods is locate d at P.O. B ox 352, Paoli, IN 47 454. Prote ct Our Woods is a local g rassroo ts orga

nization de dicated

to the pre servation of state and national fore sts as wel l as to clean air and water and a hig h quality of life in rura

l Southern Indiana.5

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 ne ed for conservation of wildlife, its habita

t, our nat ural re sources , and of the relati on of inte lligent t reatmen t and wise

use of these resourc es to huma

n progr ess. Petitioner Save our

Land and En vironme

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

onment’s mission is to

organ ize suppor

t or opposi

tion of issu

es, and to promote projects a

nd ideas t hat prote ct and improve the health of our plane t. Petitioner Save the Valley is lo cated a t P.O . Box 813, M adiso n, IN 472 50. S ave th e Vall ey's purpose is to hold the line and prevent further pollution of our air, water, a nd land in the Valley of th e O hi o R iv er be tw ee n La wr en ce bu rg , In di an a a nd Lou is vi ll e, Ke nt uc ky. Petitioner Valley Watch is located at 800 Adams Avenue, Evansville, I N 47713-2213. Valley Watch is an Indiana not-for-pr ofit corporation established in 1981 to protect the public health and en vi ro nm en t o f t he lo we r O hi o R iv er Va ll ey. Petitioner Save our

Rivers is located at 6222 S. Yankeetown Road, Boonville, I N 47601-8279. Save Our Rivers' mission is to preserve and protect I ndiana's water. Petitioner Save the

Dunes Cou ncil is locate d at 444 B arker Ro ad, Michi gan City , IN 4 6360. I

ts objectives are to maintain and restore the integr ity and quality

of the natural environment of the Indiana Dunes reg

ion Petitioner The League of Women Voters of Indiana is locate d at 10 West Market St

reet, Sui te 1720 Indianapolis, I

N 46204. The Leag

ue of Women Voters of Indiana is a nonpartisan political organization that works in the public interest. Through educa tion and advocacy , the League pr om ot es in fo rm ed ci ti ze n p ar ti ci pa ti on in go ve rn me nt an d i nf lu en ce s p ub li c p ol ic y. Petitioner Indiana Chapter, Republicans for Environmental Protection America is located at 2429 Walnut

Drive. H ighland , IN 4 6322. Repu blicans f or Environmental Pr

otection America is a 501(c)(4) nonprofit organization established in 1995 to resurr ect the GOP's great conse rvation tradition and to restore natural resource conse rvation and sound environmental protection as fundamental elements of the Republican Party 's vision. Petitioner Kentu ckian s for the Co mmonw ealth (KFTC ) is located at P.O. Box 1450, London, KY 40743. KFTC believes in the power of citizens, working toge ther, to challenge injustices, right wrongs and improve the qua

lity of life f or all Ke ntuckian s. Petitioner Kentuck

y Resour ces Counc il is located at P.O. Box 1070, Frankfort, KY 40602. The Kentucky Resourc es Council, Inc. (KRC) is a membership org anization 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 locate d at 7808 Ma ple Street, N ew Orle ans, L

A 70118. T

he Gulf F ield Off

ice act s as a wa

tchdog for the p ublic inte rest in the Gulf of Mexico. Petitioner Campaign to

Cleanup Br

ayton Poin t is locate d at 153 Da vis Road, We stport, MA 02790. Campaign to Cleanup Bray ton Point is a grassroots organization of people from eleven Massach usetts and Rhode I sland com munities su

rroundin g the pla nt, which is locate d in Somerset, MA. Its goal is to encoura ge the Massachusetts Department of Environmenta l Protection to promulgate and enforce more string ent air emission standards for the Bray ton Point Station, which is the most polluting power plant in New England.6

Petitioner Clean W

ater Acti on of Massa chusetts is located at 36 Bromfield Street, Suite 204, Boston, M

A 02108. Cl ean Wate

r Action o f Massac

husetts works for c lean, safe and afforda ble water, prevention of health-threatening pollution, creation of environmentally- safe jobs and businesses, and empowerment of people to make democra cy 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 ne eds of all the people are addressed. Petitioner Conservation Law Foundation is located at 62 Summer Street, Boston, MA 02110- 1016. The Conservation Law Founda tion works to solve the environmental problems that threaten the people, natural resource s, and communities of New England. Conservation L aw Foundation's advocates use law, ec onomics, and science to design and implement strategies that conserve natural resources, prote ct public health, and promote vital communities in our region. Petitioner Environm ental Leag ue of Mass achusett

s is located at 14 Beacon Street, Suite 714, Boston, MA 02108. ELM is dedicated to protecting the air, water and land for the pe ople of the Commonwealth. Petitioner Haverhill Environmental League is located at P.O. Box 1072, Haverhill, MA 01831. The Haverhill Environmental Lea gue is a grassroots citizens' g roup concerned with all aspects of the environment including air quality , water quality, a nd the conservation of natural resources. Petitioner Healthlink is located at 4 Sewall Street, Marblehead, MA 01945. HealthL ink’s mission is to

protect and improve public

health by reducin g and e liminating

pollutants

and toxic substances from our environment, through resea rch, education and community action. Petitioner Salem Alli

ance for t he Enviro nment is located at P.O, Box 8713, Salem, MA 01970. Salem Alli ance fo r the E nviro nment is ded icate d to ad dress ing env ironm ental issu es thr ough education, advocacy , and community org anizing. Our goal is to assure that Salem is a healthy and prosperous place in which to live. Petitioner The League of Women Voters of Beve rly is lo ca te d a t 1 4 P ea bo dy A ve nu e, Be ve rl y, MA 01915. The Leag

ue promotes an environment beneficial to life through the protection and wise management of natural resour ces in the public interest by r ecognizing the interrelationships of air qu ality , energ

y, l and use, waste ma

nageme nt and wa ter reso urces. Petitioner Toxics Ac tion Cente r is lo cated a t 29 Te mple P lace, B osto n, MA 0 2111. Throu gh group consultations, expert referrals, confe rences, and information guides, Toxics Action Center helps citizens wage effective ca mpaigns to force stubborn polluters and unresponsive bureauc racies to protect the hea

lth and safety

of commun

ities. Petitioner Wenham Lake W atershed Association is located at 6 Quincy Par k, Beverly , MA 01915. The goal of the Wenham L ake 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 thre ats 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 org anization dedicated to restoring clean air and he althy en vi ro nm en ts th ro ug h s ci en ti fi c r es ea rc h, pu bl ic ed uc at io n a nd le ga l a dv oc ac y. Petitioner Hands Acr

oss the Riv

er is located at 222 Union Street, New Bedford, MA 02740. Hands Ac ross the Ri

ver striv es to prot

ect the e nvironme nt. Hands

Across the River is

for those people who think mankind is part of nature, that men and woman are pa rt of the ecosy stem, not7

the designers. Petitioner Marblehe

ad Cancer

Preven tion Project is located at 8 Crown Way, Mar blehead, MA 01945. The Marblehead Cancer Prevention Project is an issue- oriented, grassroots effort focuse d primarily on understanding , exposing and eliminating the environmental causes of canc er. Petitioner Massa chuse tts P ubli c Inter est Re searc h Grou p (MASS PIRG) is locate d at 29 Te mple Place, Boston, MA 02111. The Massachusetts Public I nterest Research Group is an advocate f or the public interest . Using t

he time-t ested too ls of inve stigativ e resea rch, med ia exposés , grassr oots org anizing, advoca

cy , and litig ation, MAS SPIRG u ncovers threats t o the publi c interest

. Petitioner The C oali tion for t he Heal th of Aggre gate I

ndust ries N

eighb ors (C

HAIN) is located at 19 Essex Street, Swampscott, MA 01907. The Coalition for the Health of Aggregate Industries Neighb ors are

regula r folks le ading normal busy lives who sto od up one d ay and said, "NO!" to the increase in air and noise pollution in our neighborhood. CHAI N’s common concern for the lack of suitable regulation of local industrial pollution has drawn us toge ther. Petitioner PatapscoWate rkeepe r is located at 4798 Roundkill Road, Ellicott City, MD. Patapsco Riverkeeper protects, promotes, and advocate s on behalf of the health of the entire Patapsco River watershed - the river itself, the ecosy stems it supports, and the human and animal communitie s it sustain s. Petitioner Toxics Ac tion Cente r is located at 39 Exchange Street, Suite 301, Portland, ME 04101. Through group consultations, expert referr als, conferences, and information g uides, Toxics Action Center will help citizens wage effective c ampaigns to force stubborn polluters and unrespon sive bure aucrac ies to pro tect the health an d safety of commun

ities. Petitioner MichiganEnvironm ental Coun cil is located at 119 Pere Marquette Drive, Suite 2A, Lansing, MI

48912. The Michigan Environmental Council (MEC) provides a collective voice for the envir onment at the loca l, state a nd feder al levels . Working

with our me

mber gr oups and their collective membership of nearly 200,000 residents, MEC is addressing the primary assaults on Michigan’s environment; promoting alternatives to urban blig ht 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 locate d at 122 Sou th Main Stre et, Suite 370, Ann Arbor, MI 48104. Public I nterest Research Group in Michigan wor ks to deliver persiste nt, resul ts-orien ted activ ism that pr

otects ou r environment, en

courag es a fai

r, sustain able economy, and f

osters a responsible, democratic gover nment. 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 ensur e that Minnesota has clean and safe water now and for generations to come. We promote the fundamental policies nee ded 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 c hildren to protect Earth’s environment. Petitioner Montana E

nvironme ntal Inform ation Cente

r is locate d at P.O. B ox 1184, Hel ena, MT 59624. MEI

C works to protect a

nd restor e Montana

's natur al envir onment.8

Petitioner Bull Mountain Land Alliance is located at 13838 US Highway 87 N, Shepherd, MT 59079. B ull Mounta

in stands u

p for lan d and peo ple, wor ks for re newable energ y, f amily farms and ranches and a healthy local economy. We do this by acting as a watchdog on c oal based energ y de velopmen t. Bull Mou

ntain bel ieves in protectin g air, water an

d land and

works to ensure the long-term productivity of Eastern Montana and other coal communities.. Petitioner Northern P

lains Reso urce Coun cil is located at 2401 Montana Avenue, Suite 200, Billing s, MT 59101 . The Nor thern Pla ins Resour

ce Counc il orga

nizes Monta

na citizen s to protect our water quality , family farms a nd ranches, and unique quality of life. Petitioner Appalach ian Voice s is located at 703 West King Street, Suite 105, Boone, NC 28607. Appalac hian Voic es is commi

tted to protecting

and rest oring the ecolog

ical inte grity, economi c vitality, and cult

ural her itage o f the ce

ntral an d souther n Appala chians. Petitioner Dakota Re

sources C

ouncil is located at #10, 2010 E Capitol Avenue, Bismarck, ND 58501-2257. Dakota Resources Council is working for prese rvation of family fa

rms, enforcement of corporate farming laws, soil and wa ter conservation, regulation of coal mining and oil and gas development, protection of groundwater a nd clean air, renewable ene rgy , and sound management of solid a nd toxic wastes. Petitioner Hackensack W aterkeeper, Inc. is located at 231 Main Street, Hackensack, NJ 07601. Hacken sack Wate

rkeepe r, In c. is dedi cated to

preser ving riv ers fro m polluters. Petitioner Forest Gu ardians is locate d at 312 Mon tezuma, Sui

te A, Sant a Fe, NM 87501. Forest Guardia ns seeks t o preser ve and re store na

tive wildla

nds and wi ldlife in t

he Ameri can South

west through fundame ntal ref orm of pub lic polici es and pr actice s. Petitioner Water Information Network is located at P.O. Box 4524, Albuquerque, NM 87106. The mission of the Water Information Network is to educ ate and empower grassroots citizens and organizations to fight for a clean e nvironment on their own behalf and in the most effective manner possible. Petitioner Natural Re

sources D efense Co uncil 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 a nd health y e nvironme nt for all living th ings. Petitioner New Y

ork Pu blic I

ntere st Res earch Group (NYP IRG) is locate d at 9 Murr ay Street, New York, NY 10007-2272. NYPI RG acts as a watchdog for the public intere st in New York. Petitioner Riverkeeper is locate d at P.O. B ox 130, Gar rison, NY 10524. Ou

r 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 trac king down and stopping polluters. Petitioner Waterkeeper Alliance is located at 828 South Broadway , Tarrytown, N Y 10591. Waterkeeper Alliance connects and supports loca l Waterkeeper programs to provide a voic e for waterway s 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 crea tion and mobilizes the resources of Jewish life and learning to protect the Earth and all its inhabitants. Petitioner Buckey

e Forest C

ouncil is lo ca te d a t P .O . B ox 99 , A th en s, OH 45 70 1. Th e B uc ke ye9

Forest C ouncil is a

grassr oots org anization d

edicate d to the pr

otection of Ohio' s forests

and their inhab itant s thro ugh edu catio n, adv ocacy, and organi zing. Petitioner Ohio Envi

ronmenta l Council is located at 1207 Grandview Avenue, Suite 201, Columbus, O H 43212-3 449. The Ohio Environmental Co uncil wor ks acros s 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 f or 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 Rive

r Founda tion's mis sion is to pr

otect an d restor e the wa ter qual ity and ecology

of the Ohio River and its tributaries for the health and enjoy ment of present and future g enerat

ions. Petitioner Center for Environmental Equity is locate d at 610 SW Al der, #10 21, Portla nd, OR 97205. The Center for Environment (CEE), founded in 1994, is an advoca te for people, communities, and natural resources burdened by environmental hazards and degradation. CEE ex pa nd s p ub li c a wa re ne ss th ro ug h n ew sl et te rs , c om mu ni ty- pa rt ne rs , m ed ia , a nd co mm un it y. Petitioner Orego n Sta te Pub lic In teres t Rese arch G roup (O SPIRG ) is locate d at 1536 SE

11th Avenue, Portland, OR 97214. Oregon State PI RG acts a s a watch

dog for the public

interest in Oregon. Petitioner Alleghen

y Riverk eepers is located at 48 Center Avenue, West View, PA 15229. Petitioner Army for a

Clean Env ironment is locate d at 2066 E vergr een Drive, Tamaq

ua, PA 18252. Army for a

Clean Environment works to promote a safe environment through e ducation and fostering the prevention of the dumping of harmful materials in the community a nd surround ing are as. 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 aff ordable water, prevent ion of hea lth-thre atening

pollution, creatio

n of envir onmental ly- safe job s and businesses, and empowerment of people to make democrac y 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 Pennsy lvania working for a he althy , sustaina

ble envir onment. Petitioner Jefferson Action Group, Inc. is located at 123 Oakwood Drive, Clairton, PA. Jefferson Action Gr

oup works

to ensure human hea

lth is a pri ority

in all environmenta

l regul ations. Petitioner Mahanoy Creek Watershe d Association is located at 420 Dutchtown Road, Ashland, PA 17921. Mahanoy Cree k Watershed Association is a nonprofit grassroots orga nization formed to remediate the negative effe cts of 100 yea rs of anthracite coal mining in the Mahanoy Creek and prevent further dama ge to ou r local w aters. Petitioner Mountain Watershed Association is located at Box 408, Melcroft, PA 15462. The Mountain Wa

tershed Associat ion is a non

profit, ta x-exempt com

munity -based Pe nnsy lvania corporation concerned with the preser vation and remediation of the Indian Cre ek Watershed from Jones Mills, Westmoreland County to the Youghiogheny River, Fayette County. The major purposes of the Association are to bring about reme diation of the numerous acid mine discharges resulting from ove r 125 y eas of min

ing in the India n Creek Wa

tershed , to devel op communi ty awareness, to promote cooperative community efforts for remediation, and to encourage sound10

environmental pr

actice s. Petitioner Tri-State Citizens Mining Network is locate d at 140 Sug ar Run Roa d, Eight y- Four, PA 15774. The Tri-State Citizens Mining Network coordinates a group of organizations and individuals dedicated to informing and educating the public a bout the effects of mining on the environment and on

the commu

nities in the coalf

ields. By working to improve

laws, re gulations, and enforcemen

t, the Net work see ks protection of the

environment and ju stice for coalfie ld citizens. Petitioner Penns

ylvan ia Env iron menta l Net work (PEN) is located at 117 West Wood Lane, Kane, PA 16735. The purpose of the Pennsy lvania Environmental Network is to support and encourage local g

rassroots activism throughout Pennsy lvania 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 I sland works for clean, safe and af fordable water, prevent ion of hea lth-thre atening

pollution, creatio

n of envir onmental ly- safe job s and businesses, and empowerment of people to make democrac y work. Petitioner Conserva tion Law Foun dation: Rh ode Islan d Advoca cy Cente r is located at 55 Dorance Street, Providence, RI 02903. The Conservation Law Founda tion (CLF) works to solve the environmental problems that threaten the people, natural re sources, and communities of Rhode Island. CL

F's advocates use law, ec onomics, and science to design and implement strategies that conserve natural re sources, protect public health, and promote vital communities in our region. Petitioner Rhode Island Public Interest Research Group is locate d at 11 South Angell Street, #337, Prov

idence, RI, 02 906. Rhode Isla nd Public I

nterest R esearc h Group a

cts as a w atchdog

in Rhode Island. Petitioner Save the Bay is located at 434 Smith Street, Providence, RI 02908. The mission of Save The Bay is to ensur

e that the environmental qua

lity of Narr agans ett Bay

and its wa

tershed is restored and protected from the harmful e ffects of human activity

. Petitioner Save Ou r Cum berla nd Mou ntai ns (SOC M) is located at P.O. Box 479, Lake City , TN 37769 Save O ur Cum berlan d Moun tains is a no nprof it Ten nesse e grassr oots citi zen's or ga ni za ti on wo rk in g f

or en vi ro nm en ta l, so ci al , a nd ec on om ic ju st ic e, in ar ea s s uc h a s f or es tr y, 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 Energyis not-for-profit, nonpartisan organ ization wor

king with citizens f or clea n air, cl ean wat

er and he althy

communitie s in the Southeast by advanc ing energy efficiency

and sustainable energy

policies, promoting clean energy technologies and holding polluters to higher standa rds. Petitioner Clean W

ater Acti on, Texas is located at 715 23rd Street, Suite R, Austin, TX 78705. Clean Water Action of Texas works for clean, safe a nd affordable water, prevention of he alththreatening 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 a nd Sabine Basin.11

Petitioner Frien ds Uni ted fo r a Saf e Envi ronme nt (FUS

E) is located at P.O. Box 85, Texarkana, TX 75504. Friends

United for a Safe

Environme

nt is committ

ed to educ ation and

action in protect ing all a spects of

the envir onment an

d dedica ted to ser ve as a w atchdog

toward that goal

. Petitioner Neighbors

for Neighbo rs is located at P.O. Box 661, Elgin, TX 78621. Families working together to protect the lands, e conomy, and quality of life of Bastap and L ee counties for future g enerat

ions. Petitioner Public Citizen is locate d at 1002 We st Avenue , #300, Au stin, TX 78 701. Public Ci ti ze n w or ks to pr ot ec t h ea lt h, sa fe ty, an d d em oc ra cy. Petitioner SEED Coalition is located at 611 S. Congress, Suite 200, Austin, TX 78704. The SEED Coali

tion is an a

lliance o f Texans de dicated to reduc ing pollu

tion from p ower pla

nts, refineries and cars and promoting c lean energy jobs in energy

efficiency , renewable energy and other ad vanced technolo gies. Petitioner Sensi ble Ma nagem ent of Aquat ic Res ource s Team (SMART ) is locate d at 803 Te

rrell Hill, Austi

n, TX 7870 4 and is an

advoca te of bal anced, non-toxic a quatic we ed manag ement. Petitioner Texas Black Bass Unlimited is locate d at P.O. B ox 11729, Ho uston, TX 7 7293. The ir goals are the education of the y outh and the general public in conservation, the prote ction of Texas fish

and fishe ries, an d the prot ection a nd propa gation o f all spec ies of fr

esh wate r fish in the State of Texas. Petitioner Texas Cam

paign for th e Environ ment is located at 611 S. Congress, Suite 200, Austin, TX 78704. Texas Campaign for the Environment is dedicated to informing a nd mobilizing Texans to protect the quality of their lives, their he alth and the environment. They believe that people have a right to know and a rig ht to act on issues that fundamentally a ffect their lives and future. Petitioner Texas Com mittee onNatural Re sources is located at 3532 Bee Caves Road, Suite 110, Austin, TX 78746. Texas Committee on Natural Resources is a 30-y ear old conservation organization committed to protecting native ecosy stems and promoting efficient use of natural resourc es in Texas . The Texa s Committee on Natur al Resour ces addr esses wa ter qual ity, public land management, wildlife, air quality, coastal issues, and recy cling. Petitioner Working for E nviro nment al Co mmuni ty Act ion N ow (WE CAN

) is located at 207 N. Center Street, Longvie

w, TX 75601. Working for Environmental Community Ac tion Now strives to promote health communities, healthy homes, he althy environments and be tter use of resourc es. Petitioner Bastrop County Environmental Network is located at P.O. Box 1069, Bastrop, TX 78602. The Bastrop County E nvironmental Network is committed to protecting the air, land and water in Bastrop County

so that it continues to provide a healthy ha bitat 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 Vermo nt Pub lic In teres t Rese arch G roup (V PIRG) is locate d at 141 Ma in Street, Suite 6, Mon tpeli er, VT 0 5602. VPIRG's m issi on is to pro mote a nd pro tect t he heal th of V ermon t's environment, people, and locally-based economy . By informing and mobilizing individuals and communities across the state, VPIRG bring s the voice of citizens to public policy debate s that12

shape the future o f Vermon

t. 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 e nergy by being an effective voice in the state legislature and by holding elected officials and corpora tions 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

mountainto

p remova l mining, to improve

the quali ty o f life in o

ur area and to help rebuild sustainable communities. Petitioner Friends of

the Mount

ains is located at P.O. Box 6752, Huntington, WV 25772. Petitioner Ohio Valley Environmental Coalition is loc ated at P.O . Box 6 753, H

untin gton , WV 25773. Ohio Valley Environmenta l Coalition is a nationally recog nized grassroots organization dedicated to preserving and protec ting our natural heritage. Petitioner West

Virginia En vironme

ntal Counc il is locate d at 1324 Virginia Street, E ast Charlest on, WV 25301 . The missi on of the We st Virgi nia Envir onmental Council is t

o facilit ate communic ation and

coopera tion among

citizens in

promoting

environmental pr

otection in West Virginia, to assist in organizing grassroots g roups, to facilitate interaction among established environmental organizations, and to correspond with all appropriate local, state, and federal agenc ies involv ed in the manage ment of West Virgin

ia's en vironmen t. Petitioner West Vir

gini a Inte rfai th Cen ter fo r Publ ic Pol icy (WVICPP) is located at P.O. Box 1061, Chas, WV 25324. The WVICPP is a statewide organization dedicated to the universal values of justice, c ompassion , and res pect for human dig

nity . Members come fr

om 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 Interfa ith Global Climate Change’s goals for the world are global awareness and appreciation of one another, global citizenship, harmony , and responsibility, equal “eco-f ootprints” (the “ma rk” we le ave on the

Earth), sustaina

ble, equi table use of world resources, and being awa re and knowledgeable of e nergy consumption. Petitioner Wyo ming Outdo or Council is located at 262 Lincoln, L ander, WY 82520. Wyoming Outdoor Council is Wyoming's largest statewide conservation organization and the state' s leading advocate for natural resource s conservation and environmental protection. Wy oming Outdoor Council works to saf

eguar d the state 's spectacular

national parks an d protected are as, vast national forests and other public lands, world-renowned wildlife a nd its habitat, blue-ribbon fi sh er ie s a nd en vi ab le ai r a nd wa te r q ua li ty.

III. STATEMENT OF L

AW The Resource Conservation and Recover y A ct was en

acted by the U.S. Congress

in 1976 to promote the protection of human

health and the environment by regulating

the generation , treatme

nt, re-use, transport and disposal of solid wastes w hile at the same time

conserv ing valu able mate rials and pr om ot in g e ne rg y re co ve ry. Section 6902(a) and (b) of th e Act spe cifical ly provide a s follows:

Ob jectives. The object ives of thi s chapte r are to promote the protection of healt h and the environment and to conserve valuable material and energyresource s by ... prohibiting f uture open dumping on the land and requir ing t he convers ion of ex ist ing open dumps t o faci lit ies which do not pose a danger to the environment or to health.1 EPA Damage Case Li st, date d June 2003

2 Ibid. 3 Regulatory Determination on Wastes from the Combustion of Fossil Fuels (“ EPA Regulatory Determi nati on”), 65 Federa l Regi ste r 32214 et seq . (May 22, 200 0).

13 NationalPoli cy. Waste that is never thel ess gener ated shoul d be tre ated stor ed, or dis posed of

so as to min imize th e pre sent and future thre at to hum an hea lth and the env ironm ent. Despite its finding s in a series of Regulatory Determinations that indicate that the mismanagement

of combustion wastes from the coaland fossil fuel industries can and has resulted in surface water and gr

oundwater contamination throughout the United States, theEPA has failed to promulgate anyregulat ory stand ards t o go vern t he waste manage ment and d

isposal pr actice s. Cu rr en tl y, the EPA re gulate s the plac ement an d disposal of municip al gar

bage f ar more stringe ntly thanit regulates the placement and disposal of coal combustion wastes and other wastes ge nerated by the combustion of fossil fuels, a re gulatory distinction that is not based on valid science. Section 69 74(a) of

the Resou

rce Cons ervation and Rec overy Act allow s any

person to petition the Administrator of the EPA to promulgate, amend or repeal a ny environmental regulations enacted thereunder and within a reasonable time following rece ipt of such petition, the Administrator shall take action with respect to such petition and shall publish notice of such action in the Federal Register, tog ether with the reasons thereunder. This Petition should be co ns id er ed to be a f

or ma l r ul em ak in g r eq ue st an d p ro ce ss ed ac co rd in gl y. IV. STATEMENT OF GROUN DS AND ARGUMENT Each ye ar coal -burning

power pl ants generate approximately 130 million tons of

power plant wastein the Unit

ed States

. This volume is expected to grow to as much as 190 million tons per yea

r if additional controls governing hazardousair emissions from these plants are implemented. As the cost of landf illing ri ses, utilit

i es are turning to “reuse” and disposal alterna tives at coal mines as suitable and inexpe

nsive disp osal sites

for thes e wastes , as well as continuing to build and expand unlined and unmonitored surface impoundments (ponds). Coal power plant waste (including but not limi t ed to coal fly ash a

nd bottom ash, flue desulfurization waste, boiler slag, and boiler cleaning wastes)may contain many toxic, heavy metals (i.e.; arse nic, cadmium, chromium, lead, manganese, me rc ur y, sel enium andthallium a mong othe

rs) as we ll as sulfa

tes, chlorides an

d boron. T

hese constitue nts, which are found nat

ural ly i n c oa l, ar e c on ce nt ra te d i n t he wa st es pr od uc ed as a b yproduct of combustion. In addition, these wastes can c ontain detectable and dan gero us levels of poly aromatic hydrocar bons (“PAHs”), benzene , phe nols, polychlorinated bipheny ls (“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 ha s recogn ized 65 cas es of d amage where drinking water, groundwater or surf ace water has bee n contaminated with hazardous constituents from power plant waste. 1 EPA also recognizes that power plant waste causes extensive dam age to aquat ic ecosy stems. 2 And EPA recognizes that power plant waste, when placed in contact with groundwater in mines, can threaten humanhealth a

nd the env

ironment. 3 The scientific record, as evidence d by EPA’s l ist o f damage cases from coal power plant wastes, clearly establishes that

thesewastes, w

hen in dir ect cont act with groundwater

or surface wa

ter, pro duce lev els of contaminati on toxic to hu mans and t

he envir onment. For example: The San Juan Generating Plant and BHP Mine in Farmington, NewMexico. Power plant wastes w ere dump ed into the BHP surf ace coa l mine in a m

anner that left these wastes in direct contact with groundwater. T he resulting contamination of the groundwater

and th e S hu mw ay A rr oyo contributed to the death of over 1000 sheep4 Lemly, A.D. 1985. Toxicology of Selen ium ina Freshwat er Reservoi r: Impl icat ions f or Environment al Hazard Eval

uati on and Sa fet

y. Ecotox. Envir on. Sa f. 10:314- 338. 5 Rowe C.L.; W.A. Hopkins, J.D.Congdon. Ecotoxi cological Implica tions of Aquati c Disposal of Coal Co mbu stion R esidu es In the Unite d Sta tes: A R eview

. Environment al Monit oring and Asses sment , 80: 207-276, 2002. 6 The re are app roximately 28 0 po wer plant waste surface impoun dmen ts in the United States. EPA, 1999, Report to Congres s, Wastes f orm the Combusti on of Fossi l Fuel s, Off ice of Solid Waste and Emergenc y Response, March 1999 at

page 3- 29. 7 EPA Regulat ory Det ermi nati on, 65 Fe deral Regis ter at 32229.

14 and several hundred cattle. Yard 520 Landfi ll

in Town of Pines, Indiana. Power plant wastes weredumped in a landfill in direct contact with a groundwater a quifer 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 drinki ng water with heavy metals and boronand forced the abandonment of doz ens of dr in king water wells. A remedial action is b eing conducted i n the town

under the Superfun d progr am. Belews Lake, North Carolina. Water discharged from a coal a sh lagoon into Belews Lake in 1974 killed 17 out of 20 fish species in the lake and rendered two other species infertile. Belews La ke is one of the most extensive and prolonged cases of seleniu m poisoning of freshwater fish in the United States. The contamination ca used deformities in fish and amphibians remainin g in the lake, and evidence indicates that waterfowl feeding from the lake have be en adversely impacted. 4 A fish

consumption advisory was declared for Belew s Lake, a formerly popular

fishing spot. Ten ye ars after the discharge of a sh to the lake ceased, selenium was still present at moderat e risk leve ls. Highway 59 Ash Landfill, Wisconsin. Power plant wastes w ere dump ed into an old quarry belowthe wate

r table. As a resu

lt, power plant waste contamination at le vels toxic to humans has spread to 8 drinking water wells. These wells have b ee n abandoned. Martin, Brandy Branch, and Welsh Reserv oirs, Texas. Power plant waste lagoons discharged

directly into all three r eservoirs and caused significant sele nium contaminatio n. The selenium contamination caused fish kills at Martin Reservoir, and all three reservoirs had to beplaced under a s el en iu m f

is h c on su mp ti on ad vi so ry. Savannah River Site, South Carolina . A t the Savan nah River Site near Aiken, SC scientists have docum ented that discharges from surfac e impoun dments caused death , deformit ies, reproductive problems and genetic da mage in fish, amphibians, reptiles and mamma

ls that inha

bited or f ed from the rece iving wa

ters. 5 Despite the large body

of evidence of contamination caused by these dis posal pra

ctices, power plant wastes are being dumped into mine pits, unlined surface impound ments and landfills that have been constru cted i nto or adjacent to groundwater and surf ace water at hundreds of sites acrossthe country. At mines such as the Springdale Pit in Tamaqua, Pennsy lvania, the Farmersburg Mine in Sullivan

County , Ind

iana and the Sandow Mi ne in

Lee County , Texas millions of tons of power plant wastes are

authoriz ed for di sposa l in a manner that d irectly places t hese wa stes into contact with groundwater. At coal- burning power pl ants acr

oss the country, vast qua

ntities of power plant waste al so come into

direct c ontact wi

th surfa ce wate r in onsite impo

undments. 6 Accord

ing to EPA, hydraulic pre ssure in surface impoundments “increases the likelihood of re leases.” 715

In further support of this petition, we submit asevidence a list of scientific articles on coal power plant waste (Att ach ment 1) and EPA’s own list of coal power plant waste damag e cases (A ttachment 2 ), all of which demonstrate the adverse impact that the mismanag ement of these wastes is having today on the wa

ters of the United S tates. Prohibiting

the plac ement or

disposal o f coal power plan t wastes i n direct contact with groundwater or surface

water will greatly

reduce the risk to human health, drinking water a nd the environment. In the absence of federally

enforceable regula

tions governing the disposal and placement of power plant waste, such a prohibition is essential beca use existing state regulations are either inadequate or are not consistently enforce d in a manner that protects human health and the environment

. V. REQUEST

The undersigned request this rulem aking b ecau se the p ractice of plac ing co al po wer p lant waste in con tact with ground water and surfac e water is widespre ad; beca use the qu antity of co al po wer p lant waste gener ated a nnua lly is so large tha t t

he cont inu ati on of

dangerous di sposal practices poses great ri sk to the nati on’s water resources, ; because the states, with out fe deral re gulat ions, oversi ght and gu idance, have al lowed over 65 documente d case s of damage to occur throughout the Unit ed States ; and l astl y becau se such placement and disposal clearly constitut es an imminent and subst anti al enda ngerm ent to he alth and the environment nationwide. Therefore decisive andim medi at e ac ti on b y EPA in the form of a rul emaking prohibiting t he disposal of such toxi c wastes int o ground water and surf ace water i s app rop riate, rea sona ble an d nec essary. As established by 5 U.S.C . 555(e ) and 42 U.S.C . 6974 (a), petitioners reque st that t he Admini str ator

tak e act ion with respe ct to this p etition with in a re a sonabl e ti me and pr ovide an ans wer, inc ludi ng a s tat ement of t he re asons for denial if deni ed and publ ish

suchdeci sion

in t he f ederal regi ste r. F ail ure t o res pond w ith in a re as onable ti me wil l be constr ued as const

ruct ive denia l of

the reque st conta ined herein and petit ioner s wi ll the n cons ider the purs uit

of l it igation to co mpe l agenc y rulem aking n ecess ary for the pro tection of hea lth or the enviro nme nt. Respectfully submitted this ninth day of February

2004.