2011-01-03_GENERAL DOCUMENTS - P2008043 (2)

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INTRODUCTION Pursuant to 40 CFR § 124.19(a), Coloradoans Against Resource Destruction ("CARD" or "Petitioner") files this Petition for Review of Final UIC Permit No. C051237-08412, issued under cover letter signed by Stephen S. Tuber, Assistant Regional Administrator, EPA Region VIII ("EPA") to Powertech (USA) Inc. ("Powertech" or "applicant") on December 3, 2010. Cover letter attached as Exhibit 1. The entire permit, as well as certain conditions, was issued without compliance with federal law as described herein. These errors also involve significant policy matters, which warrant discretionary review by the Environmental Appeals Board. 40 CFR § 124.19(a). Upon the filing of this Petition for Review, because this permit involves a new injection well, "the applicant shall be without a permit for the proposed new facility ... pending final agency action." 40 CFR § 124.16(a)(1). Further, in this case, Petitioner is contesting the legality of EPA's issuance of the permit as a whole in addition to specific conditions. Therefore, the filing of this Petition renders the applicant without a permit as a whole. See also, 40 CFR § 124.16(a)(2)(i) ("Uncontested conditions which are not severable from those contested shall be stayed together with the contested conditions."). In this case, EPA issued a Draft UIC Permit for reinjection of contaminated water resulting from an aquifer pump test associated with the proposed Powertech (USA) Inc. in-situ leach uranium mine on June 15, 2009. A public hearing on the draft permit was held on July 20, 2009. Petitioner submitted extensive comments on this Draft Permit. July 24, 2009 CARD comments attached (without exhibits) as Exhibit 2. In response to public comments identifying errors in the Draft Permit, EPA re-issued a revised Draft Permit on or about November 20, 2009, and held a second public hearing on December 21, 2009, with the comment period set by EPA to 6