IN THE UNITED STATES COURT OF APPEALS
              FOR THE DISTRICT OF COLUMBIA CIRCUIT

________________________________________
                                        )
EDISON ELECTRIC INSTITUTE, et al.,      )
                   Petitioners,         )
                                        )
         v.                             )    No. 93-1474
                                        )
U.S. ENVIRONMENTAL PROTECTION AGENCY,   )
                    Respondent.         )
________________________________________)

            PETITIONERS' PRELIMINARY AND NON-BINDING
           STATEMENT OF ISSUES TO BE RAISED ON APPEAL

         Petitioners Edison Electric Institute, et al. seek

review of the United States Environmental Protection

Agency's ("EPA") rule promulgated May 3, 1993 (58 Fed. Reg.

26420), which corrects technical errors and provides

clarifying amendments to the underlying rule promulgated

September 10, 1992 (57 Fed. Reg. 41566).  Pursuant to this

Court's Order of July 29, 1993, petitioners submit the

following preliminary and non-binding list of issues

intended to be raised on appeal.

         (1)  Whether EPA's regulation set forth at 40

C.F.R.  279.10(c)(2), classifying as used oil any

materials containing or otherwise contaminated with any

amount of used oil that are burned for energy recovery, was

promulgated in violation of the rulemaking requirements of

the Administrative Procedure Act, was arbitrary and

capricious, or otherwise not in accordance with law.

         While petitioners have used their best efforts to

identify all the issues which they intend to raise on

appeal, petitioners reserve the right to raise additional

issues in their brief if further review of the record and

the regulations indicate that this is warranted.


                             Respectfully submitted,



                             ____________________________
                             Douglas H. Green
                             Marianne Mancino Thiede

                             PIPER & MARBURY
                             1200 Nineteenth Street, N.W.
                             Washington, D.C. 20036
                             (202) 861-3900

                             Attorneys for Petitioners
                             Edison Electric Institute, et al.

Date: August 24, 1993