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In re Arecibo & Aguadilla Regional Wastewater Treatment Plants, 12 E.A.D. 97, 129 (EAB <br />2005). <br />To suggest that the most current information should not be considered by the Region in <br />making its final decision ... would, without more, appear to be unsound from a policy <br />perspective. The process of informed decisionmaking presumably a universal public <br />policy goal is normally enhanced by the acquisition of more information. <br />Id. at 132. <br />Further, with respect to the issue of ensuring public participation, the EPA's tactic in this <br />case of requiring submittal of critical information on the results of the proposed aquifer pump <br />test only after the public processes has ended is unsound from a policy perspective. In this case, <br />the Board should accept review to consider the weighty issue of how the EPA involves the public <br />in permitting decisions, including the ability to review and comment on critical pieces of <br />information affecting the protection of underground sources of drinking water. <br />CONCLUSION <br />Because the EPA's issuance of the Final UIC Permit for the Powertech (USA) Inc. <br />injection well was based on clearly erroneous findings of fact and conclusions of law under the <br />APA, this Board should grant review. Further, these errors involve significant policy matters, <br />which warrant discretionary review by the Environmental Appeals Board. Based upon the <br />failure to comply with the APA in the Final Permit, Statement of Basis, and Responsiveness <br />Summary, the Board should remand the permit to the EPA regional office. <br />Respectfully submitted this 3rd day of January, 2011. <br />/s/Jeffrey C. Parsons <br />Jeffrey C. Parsons <br />Roger Flynn <br />Western Mining Action Project <br />18