March
31,
2003
Dennis
C.
Ruddy
US
Environmental
Protection
Agency
Mail
Code
5306W
US
EPA
Headquarters,
Ariel
Rios
Building
1200
Pennsylvania
Avenue,
N.
W.
Washington,
D.
C.
20460
Re:
EPA's
Draft
Assessment
of
Candidate
Damage
Cases
Involving
Fossil
Fuel
Combustion
Wastes
Dear
Mr.
Ruddy:

On
February
7,
2002,
the
Clean
Air
Task
Force,
Hoosier
Environmental
Council
and
28
additional
interested
parties
and
environmental
groups
sent
a
letter
soundly
criticizing
EPA's
"
Draft
Assessment
of
Candidate
Damage
Cases
Involving
Fossil
Fuel
Combustion
Wastes"
("
Draft
Assessment")
dated
December
2001.
In
the
course
of
our
criticism,
we
identified
numerous
sites
as
potential
power
plant
waste
damage
cases.
To
date,
we
have
not
received
a
response
to
this
letter
nor
are
we
aware
of
any
actions
EPA
has
taken
to
change
the
damage
case
evaluation
process,
to
formally
amend
the
proven
damage
case
list,
or
to
investigate
the
potential
damage
case
sites
that
we
identified.

Specifically,
our
February
7,
2002
letter
asked
EPA
to
(
1)
re­
evaluate
specific
cases
discussed
in
the
Draft
Assessment
which
EPA
mischaracterized
because
of
errors
in
its
analysis;
(
2)
complete
the
groundwater
modeling
and
risk
analysis
on
which
an
accurate
damage
case
analysis
depends,
as
EPA
committed
to
do
in
the
May
22,
2000
Final
Determination;
and
(
3)
investigate
the
16
additional
sites
listed
in
the
letter
where
there
is
evidence
of
damage
to
ground
and
surface
water
from
power
plant
waste.
1
We
would
appreciate
your
response
to
the
four
requests
reiterated
above.
We
look
forward
to
hearing
from
you
and
to
moving
toward
a
more
accurate
accounting
of
power
plant
waste
damage
cases.

Sincerely,

Lisa
Evans
Brian
Wright
Project
Director,
Power
Plant
Waste
Project
Coal
Policy
Director
Clean
Air
Task
Force
Hoosier
Environmental
Council
Boston,
MA
Indianapolis,
Indiana
cc:
Marianne
Horinko,
Assistant
Administrator,
Office
of
Solid
Waste
and
Emergency
Response
Michael
Shapiro,
Principal
Deputy
Assistant
Administrator,
Office
of
Solid
Waste
and
Emergency
Response
1
In
addition,
a
recent
investigation
at
Indiana­
Kentucky
Electric
Corporation's
Clifty
Creek
Station
in
Madison,
Indiana
indicates
that
power
plant
waste
leachate
has
contaminated
groundwater
beyond
the
facility
boundary.
We
ask
that
EPA
also
investigate
this
site.
