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<HTML><HEAD><TITLE>Docket File #1</TITLE></HEAD><BODY BGCOLOR="#FFFFFF" TEXT="#000000"><PRE>IN THE UNITED STATES COURT OF APPEALSFOR 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-BINDINGSTATEMENT OF ISSUES TO BE RAISED ON APPEALPetitioners Edison Electric Institute, et al. seekreview of the United States Environmental ProtectionAgency's ("EPA") rule promulgated May 3, 1993 (58 Fed. Reg.26420), which corrects technical errors and providesclarifying amendments to the underlying rule promulgatedSeptember 10, 1992 (57 Fed. Reg. 41566). Pursuant to thisCourt's Order of July 29, 1993, petitioners submit thefollowing preliminary and non-binding list of issuesintended to be raised on appeal.(1) Whether EPA's regulation set forth at 40C.F.R. 279.10(c)(2), classifying as used oil any

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materials containing or otherwise contaminated with anyamount of used oil that are burned for energy recovery, waspromulgated in violation of the rulemaking requirements ofthe Administrative Procedure Act, was arbitrary andcapricious, or otherwise not in accordance with law.While petitioners have used their best efforts toidentify all the issues which they intend to raise on

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Upload Date:	01/26/2008
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Tags:	Law environment us usa green conservation unitedstates executive epa environmentalprotectionagency (more tags) Law environment us usa green conservation unitedstates executive epa environmentalprotectionagency environmentalprotection (fewer)