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