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