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cannot form the basis of a conclusion by EPA that the draft permit will protect underground sources of <br />drinking water. <br />As noted in the July 24, 2009 comment letter, the federal Administrative Procedure Act (APA) <br />requires that the EPA consider all relevant information in making a determination on a permit such as <br />that at issue here. Further, the Safe Drinking Water Act (SDWA), its implementing regulations, and the <br />statement of basis and purpose developed in conjunction with the regulations, require the review of the <br />information identified in the July 24, 2009 letter. This is particularly true in this case, given the <br />documented existence of poorly or improperly abandoned historic drill holes in the vicinity of the <br />proposed activities. <br />Through this letter, commenters again request that EPA conduct the required review of all <br />necessary information to ensure the protection of underground sources of drinking water, as described <br />herein and in the July 24, 2009 comment letter. Given the complexity of these issues, we continue to <br />express a high level of concern with the proposed reinjection activities, and based on the current record <br />urge the EPA to deny the proposed permit, as an award of a permit based on the current record would be <br />in violation of the APA and SDWA. <br />We look forward to reviewing the EPA's responses to these comments, and please do not <br />hesitate to contact me directly with any questions regarding these comments. <br />Sincerely, <br />/s/ Jeffrey C. Parsons <br />Jeffrey C. Parsons <br />Senior Attorney <br />Western Mining Action Project <br />On behalf of <br />Coloradoans Against Resource Destruction <br />Information Network for Responsible Mining <br />Environment Colorado <br />2