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BEFORE THE ENVIRONMENTAL MANAGEMENT COMMISSION OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT In the matter of: Petition for Rulemaking to Amend ADEM Administrative Code Rule 335-6-10-.07 Water Quality Criteria for Toxic Pollutants Petitioners ~ Environmental Defense Alliance, etal EMC Rulemaking Petition 17-02 MOTION Deny the Petitioners’ request based on ADEM Admin. Code Rule 335-2-2-.05(f), with the understanding that the issues raised in the Petition for Rulemaking will be considered in the context of ADEM's triennial review ORDER This cause coming before the Alabama Environmental Management Commission pursuant to the above-referenced Petition for Rulemaking ("Petition") and arguments supporting said Petition, and the position of the Alabama Department of Environmental Management having been considered, it is hereby ORDERED: That the above-referenced motion is hereby adopted; That the Petition is denied based on ADEM Admin. Code Rule 335-2-2-.05, Consideration of Petition, paragraph (f), which states as follows: “whether alternative means of obtaining the same or similar relief are presently available to the petitioner or have in the recent past been made available to the petitioner,” and That the issues raised in the Petition will be considered in the context of ADEM’ triennial review of the State’s water quality standards; and That this action has been taken and this order issued by the Alabama Environmental Management Commission effective December 16, 2016; and That a copy of this order shall be served upon the parties either personally or by certified mail, return receipt requested. Environmental Management Commission Order Page 2 ISSUED this 16th day of December 2016. APPROVED: Dias, Del sigh DISAPPROVED: Commissioner Commissioner be ites Commissioner Commissioner This is to certify that this Order is a true and accurate by the Environmental ena this 16th day of December 2016

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