Petition (Aircraft)
Total Page:16
File Type:pdf, Size:1020Kb
IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT State of California, State of Connecticut, State of Illinois, State of Maryland, Commonwealth of Massachusetts, State of Minnesota, State of New Jersey, State of New York, State of Oregon, Commonwealth of Pennsylvania, State of Vermont, State of Washington, District of Columbia, Case No. 21-____ Petitioners, v. Environmental Protection Agency, Respondent. PETITION FOR REVIEW Pursuant to Federal Rule of Appellate Procedure 15(a), Circuit Rule 15, and section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1), California (by and through the California Attorney General and the California Air Resources Board), Connecticut, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Vermont, Washington, and the District of Columbia (“State Petitioners”) petition this Court to review the Environmental Protection Agency’s final agency action entitled “Control of Air Pollution from Airplanes and Airplane Engines: GHG Emission Standards and Test Procedures,” published at 86 Fed. Reg. 2,136 (Jan. 11, 2021). State Petitioners seek a determination by the Court pursuant to section 307(d)(9) of the Clean Air Act, 42 U.S.C. § 7607(d)(9), that this rule is unlawful and must be remanded to the agency. 2 Dated: January 15, 2021 Respectfully submitted, FOR THE STATE OF CALIFORNIA XAVIER BECERRA Attorney General /s/ Theodore A.B. McCombs Robert W. Byrne Edward H. Ochoa Senior Assistant Attorneys General David A. Zonana Timothy Sullivan Supervising Deputy Attorneys General Theodore A.B. McCombs Deputy Attorney General 600 West Broadway, Suite 1800 San Diego, CA 92101 (619) 738-9003 Attorneys for the State of California, by and through Attorney General Xavier Becerra and the California Air Resources Board FOR THE STATE OF FOR THE STATE OF ILLINOIS CONNECTICUT KWAME RAOUL WILLIAM TONG Attorney General Attorney General /s/ Daniel I. Rottenberg /s/ William E. Dornbos Matthew J. Dunn William E. Dornbos Chief, Environmental Enforcement/ Assistant Attorney General Asbestos Litigation Division Office of the Attorney General Daniel I. Rottenberg 165 Capitol Ave., Assistant Attorney General Hartford, CT 06106 Office of the Attorney General (860) 808-5250 69 W. Washington St., 18th Floor Chicago, IL 60602 (312) 814-3816 3 FOR THE STATE OF MARYLAND FOR THE COMMONWEALTH OF MASSACHUSETTS BRIAN E. FROSH Attorney General MAURA HEALEY Attorney General /s/ Joshua M. Segal Joshua M. Segal /s/ Carol Iancu Special Assistant Attorney General Christophe Courchesne, Chief Office of the Attorney General Carol Iancu 200 St. Paul Place Assistant Attorneys General Baltimore, MD 21202 Environmental Protection Division (410) 576-6300 One Ashburton Place, 18th Floor Boston, MA 02108 (617) 963-2423 (617) 963-2428 FOR THE STATE OF MINNESOTA FOR THE STATE OF NEW JERSEY KEITH ELLISON GURBIR S. GREWAL Attorney General Attorney General /s/ Peter N. Surdo /s/ Mark A. Fisher Peter N. Surdo Mark A. Fisher Special Assistant Attorney General Deputy Attorney General 445 Minnesota Street, Suite 1400 Division of Law St. Paul, MN 55101-2127 Department of Law & Public Safety (651) 757-1061 25 Market Street, PO Box 093 Trenton, NJ 08625-0093 (609) 376- 2740 4 FOR THE STATE OF NEW YORK FOR THE STATE OF OREGON LETITIA JAMES, Attorney General ELLEN F. ROSENBLUM Attorney General /s/ Matthew Eisenson Matthew Eisenson /s/ Paul Garrahan Gavin G. McCabe Paul Garrahan Assistant Attorneys General Attorney-in-Charge Anthony Dvarskas Steve Novick Chief Scientist Special Assistant Attorney Environmental Protection Bureau General Office of the Attorney General Natural Resources Section 28 Liberty Street, 19th Floor Oregon Department of Justice New York, NY 10005 1162 Court Street NE (212) 416-8459 Salem, OR 97301-4096 (503) 947-4593 FOR THE COMMONWEALTH OF FOR THE STATE OF VERMONT PENNSYLVANIA THOMAS J. DONOVAN, JR. JOSHUA D. SHAPIRO Attorney General Attorney General /s/ Nicholas F. Persampieri /s/ Ann R. Johnston Nicholas F. Persampieri Ann R. Johnston Assistant Attorney General Senior Deputy Attorney General Office of the Attorney General Public Protection Division, 109 State Street Health Care Montpelier, VT 05609-1001 Section (802) 828-3171 Pennsylvania Office of Attorney General 1600 Arch St., Suite 300 Philadelphia, PA 19103 (267) 940-6696 5 FOR THE STATE OF WASHINGTON FOR THE DISTRICT OF COLUMBIA ROBERT W. FERGUSON Attorney General KARL A. RACINE Attorney General /s/ Christopher H. Reitz Christopher H. Reitz /s/ Loren L. AliKhan Assistant Attorney General Loren L. AliKhan Office of the Attorney General Solicitor General P.O. Box 40117 Office of the Attorney General Olympia, WA 98504-0117 for the District of Columbia (360) 586-4614 400 6th St., NW, Suite 8100 Washington, DC 20001 (202) 727-6287 6 2136 Federal Register/Vol. 86, No. 6/Monday, January 11, 2021/Rules and Regulations ENVIRONMENTAL PROTECTION not publicly available, e.g., confidential G. Test and Measurement Procedures AGENCY business information (CBI) or other H. Controlling Two of the Six Well-Mixed information whose disclosure is GHGs 40 CFR Parts 87 and 1030 restricted by statute. Certain other I. Response to Key Comments material, such as copyrighted material, V. Aggregate GHG and Fuel Burn Methods [EPA-HQ-OAR-2018-0276; FRL-10018-45- and Results 0AR] is not placed on the internet and will be publicly available only in hard copy A. What methodologies did the EPA use for RIN 2060-AT26 the emissions inventory assessment? form. Publicly available docket B. What are the baseline GHG emissions? materials are available either Control of Air Pollution From Airplanes C. What are the projected effects in fuel electronically through http:!I burn and GHG emissions? and Airplane Engines: GHG Emission www.regulations.gov or in hard copy at Standards and Test Procedures VI. Technological Feasibility and Economic Air and Radiation Docket and Impacts AGENCY: Environmental Protection Information Center, EPA Docket Center, A. Market Considerations Agency (EPA). EPA/DC, EPA WJC West Building, 1301 B. Conceptual Framework for Technology ACTION: Final rule. Constitution Ave. NW, Room 3334, C. Technological Feasibility Washington, DC. Note that the EPA D. Costs Associated With the Program SUMMARY: The Environmental Protection Docket Center and Reading Room were E. Summary of Benefits and Costs Agency (EPA) is adopting greenhouse closed to public visitors on March 31, VII. Aircraft Engine Technical Amendments gas (GHG) emission standards 2020, to reduce the risk of transmitting VIII. Statutory Authority and Executive Order applicable to certain classes of engines COVID-19. The Docket Center staff will Reviews used by certain civil subsonic jet continue to provide remote customer A. Executive Order 12866: Regulatory airplanes with a maximum takeoff mass service via email, phone, and webform. Planning and Review and Executive greater than 5,700 kilograms and by Order 13563: Improving Regulation and The telephone number for the Public Regulatory Review certain civil larger subsonic propeller Reading Room is (202) 566-1744, and B. Executive Order 13771: Reducing driven airplanes with turboprop engines the telephone number for the Air Docket Regulation and Controlling Regulatory having a maximum takeoff mass greater is (202) 566-1742. For further Costs than 8,618 kilograms. These standards information on EPA Docket Center C. Paperwork Reduction Act (PRA) are equivalent to the airplane carbon services and the current status, go to D. Regulatory Flexibility Act (RFA) dioxide (CO2) standards adopted by the https :Ilwww.epa.gov/dockets. E. Unfunded Mandates Reform Act International Civil Aviation FOR FURTHER INFORMATION CONTACT: (UMRA) Organization (!CAO) in 2017 and apply Bryan Manning, Office of F. Executive Order 13132: Federalism to both new type design airplanes and Transportation and Air Quality, G. Executive Order 13175: Consultation in-production airplanes. The standards Assessment and Standards Division and Coordination With Indian Tribal in this rule reflect U.S. efforts to secure (ASD), Environmental Protection Governments the highest practicable degree of Agency, 2000 Traverwood Drive, Ann H. Executive Order 13045: Protection of international uniformity in aviation Arbor, MI 48105; telephone number: Children From Environmental Health regulations and standards. The Risks and Safety Risks (734) 214-4832; email address: I. Executive Order 13211: Actions standards also meet the EPA's obligation [email protected]. Concerning Regulations That under section 231 of the Clean Air Act SUPPLEMENTARY INFORMATION: Significantly Affect Energy Supply, (CAA) to adopt GHG standards for Table of Contents Distribution or Use certain classes of airplanes as a result of J. National Technology Transfer and the 2016 "Finding That Greenhouse Gas I. General Information Advancement Act (NTTAA) and 1 CFR Emissions From Aircraft Cause or A. Does this action apply to me? Part 51 Contribute to Air Pollution That May B. Did EPA conduct a peer review before K. Executive Order 12898: Federal Actions Reasonably Be Anticipated To Endanger issuing this action? To Address Environmental Justice in Public Health and Welfare" (hereinafter C. Basis for Immediate Effective Date Minority Populations and Low-Income "2016 Findings")-for six well-mixed D. Judicial Review and Adminstrative Populations Reconsideration L. Congressional Review Act GHGs emitted by certain classes of E. Executive Summary airplane engines. Airplane engines emit II. Introduction: Overview and Context for