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The following letter has been converted from the original "Professional Write" word processor fixed pitch format to the proportional spaced type face below. Line breaks and page breaks differ from the original, but the content is identical.
November 9, 1998
John H. Hankinson, Jr.
Regional Administrator
U.S. EPA - Region IV
61 Forsyth Street, SW
Atlanta, GA 30303
Re: Public Notice
Dear Mr. Hankinson:
The Safe Drinking Water Act Enforcement Section in the Water Management Division has recently changed its policy with regard to public noticing of underground injection control (UIC) Administrative Orders. Said Orders are issued pursuant to 42 USC §300h-2 (PHSA §1423). The change in policy seems to coincide with the recent implementation of the proposed Consolidated Rules of Practice.
In a recent case in which this office is involved, the traditional public notice mailing list was not used. Further, the only public notice was reportedly in either the Lexington and/or Louisville, Kentucky newspaper(s), over one hundred miles removed from the facility at issue (this information comes from a telephonic conversation with Zylpha Pryor in the Environmental Accountability Division at Region IV).
42 USC §300h-2(c)(3)(B) provides that:
The Administrator shall provide public notice of, and reasonable opportunity to comment on,
any proposed order.
But in the instant case, no mailings were done and no notice appeared in a newspaper that serves the area in question.
The new program office practice with respect to public notice of UIC enforcement actions makes a mockery of public participation. As a result of said new public notice policy, the program office is now effectively functioning in a vacuum; interested or potentially affected parties are left completely unaware of proposed enforcement actions.
The Ground Water and UIC Section continues to maintain a mailing list for proposed UIC permitting actions; hence, the new enforcement notice policy does not relieve Region IV of the burden of maintaining such a list. I urge you to require the continued practice of public notice mailings of proposed UIC Orders to parties who request to be on said mailing list. Region IV has done this for well over a decade, and it is done in other EPA Regions as well. Further, public notice should also be published in the applicable county newspaper.
The new Consolidated Rules of Practice must not be used as an excuse to circumvent public involvement; there is far too little such involvement already.
Thank you.
Sincerely,
Syd H. Levine
President
SHL/SC:145/E/R4-A.3
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