September 6, 2007

By Email

FOIA Officer

FOIA and Privacy Branch

Office of Environmental Information

United States Environmental Protection Agency

1200 Pennsylvania Avenue, N.W. (2822T)

Washington, D.C. 20460

Hq.foia@epa.gov

Re:  	Freedom of Information Act Request For Documents Pertaining to the
Identification of Facilities That May Burn Emission Comparable Fuels
(ECF) 

Dear FOIA Officer:

	Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552, I
hereby request the following records relating to the proposed Expansion
of RCRA Comparable Fuel Exclusion, 72 Fed. Reg. 33284, June 15, 2007.

	Specifically, I request the following information:

The identification of all industrial facilities for which EPA has
received information indicating that the facilities may utilize the
proposed comparable fuel exclusion for emission comparable fuel;

The location of all industrial facilities for which EPA has received
information indicating that the facilities may utilize the proposed
comparable fuel exclusion for emission comparable fuel; and 

The estimated quantity of emission comparable fuel that may be used by
such industrial facilities.

	I understand that in late 2003, EPA received the results of a survey
conducted by the American Chemistry Council (ACC).  The voluntary ACC
membership survey of waste generation and management indicated that
approximately 190,000 tons per year of additional waste fuels could
potentially be used by its members if such fuels were excluded under
revisions to the current comparable fuels exclusion.  72  Fed. Reg.
33287.  Although EPA stated that the ACC Survey data was a “primary
data source” used in its analysis for the 2007 comparable fuels
rulemaking, the survey data are not included in the record for this
rulemaking.  72 Fed. Reg. 33320.  The only document relating to the ACC
survey in the record is a 3-page summary that does not provide
information regarding the nature, identification or location of the
industries.  See EPA-HQ-RCRA-2005-0017-0021.  Thus the docket does not
contain pertinent information about the industries that may potentially
burn the hazardous wastes that EPA seeks to exempt in this rulemaking.  

	I respectfully request that you waive all fees in connection with this
request as provided by 5 U.S.C. §552(a)(4)(A)(iii) and 5 C.F.R.
§1303.70.  Earthjustice is a national, nonprofit 501(c)(3) organization
with no commercial interest in obtaining the requested information. 
Instead we intend to use the requested information to better understand
the activities of the U.S. EPA with respect to the proposed rule,
Expansion of RCRA Comparable Fuel Exclusion, 72 Fed. Reg. 33284 et seq. 

	Disclosure of the information requested in this Freedom of Information
Request is in the public interest and thus eligible for a fee waiver
pursuant to 5 U.S.C. 552(e)(4)(A)(ii)(1994 Supp. IV 1998).   Disclosure
of the requested information is likely to contribute significantly to
public understanding of the operations or activities of the government
and is not in the commercial interest of the requester.   We have
received fee waivers under FOIA from EPA and other federal agencies in
the past.  This is because Earthjutice has, since 1971, promoted the
public interest through the enforcement of federal environmental laws
and the advancement of policies that provide enhanced environmental
protection.

In the event that your Office denies a fee waiver, please send a written
explanation for the denial but continue to produce documents until the
fee reaches $150. 

Please produce the requested records on a rolling basis, as the
materials are located.  Records pertaining to the first request of this
letter can likely be identified immediately, and we therefore request
that these “Conflict of Interest and Bias Questionnaires” be
produced as soon as possible.  At no time should the Office’s search
for, or deliberations concerning, any records requested herein delay the
production of other records that the Office has already elected to
produce.   

If you regard any of the requested records to be exempt from required
disclosure under FOIA, we request that you disclose them nevertheless;
as such disclosure would serve the public interest of educating
citizens.  See 10 C.F.R. §1004.1 (authorizing disclosure of documents
exempt from FOIA disclosure where such disclosure is in the public
interest).  

In addition, should you invoke a FOIA exemption regarding any of the
requested records, we request that you release any segregable portions
of such records that are left after the exempted material has been
redacted from the records we are seeking.

I appreciate your help in obtaining the requested information. As
provided in FOIA, we expect a reply within twenty working days.  5
U.S.C. §552(a)(6)(A)(iii); 5 C.F.R. §1303.10(c). 

Please send the requested records by regular mail to Lisa Evans,
Earthjustice, 21 Ocean Avenue, Marblehead, MA 01945 or transmit the
documents electronically to levans@earthjustice.org.   If you find that
this request is unclear in any way, please do not hesitate to contact me
by phone at (781) 631-4119

Thank you in advance for your prompt attention to this matter.  I look
forward to your  reply.

Sincerely,

/s/ Lisa Evans

Lisa Evans

Attorney

cc:  Mary Jackson, OSW		

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