USCA Case #18-1206 Document #1743902 Filed: 08/02/2018 Page 1 of 79 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ______________________________________________ ) ) ENVIRONMENTAL LAW AND POLICY CENTER ) and RESPIRATORY HEALTH ASSOCIATION, ) ) Petitioners, ) ) v. ) No. ____18-12_____06 ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, and ) ANDREW R. WHEELER, Acting Administrator, ) United States Environmental Protection Agency, ) ) Respondents. ) ) ) _______________________________________________________________________________________________________________________________________________________________________________________________________________________ PETITION FOR REVIEW Pursuant to Clean Air Act § 307(b)(1), 42 U.S.C. § 7607(b)(1), Rule 15 of the Federal Rules of Appellate Procedure, and D.C. Circuit Rule 15, the Environmental Law and Policy Center, on behalf of itself and the Respiratory Health Association (“Petitioners”), hereby petitions the Court for review of the final action taken by Respondents United States Environmental Protection Agency and Scott Pruitt, Administrator, United States Environmental Protection Agency, at USCA Case #18-1206 Document #1743902 Filed: 08/02/2018 Page 2 of 79 83 Fed. Reg. 25,776 et seq. (June 4, 2018), to establish Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards. Dated: August 2, 2018 Respectfully submitted, /s/ Scott Strand_________________ Scott Strand (D.C. Cir. #60545) Andrene E. Dabaghi Environmental Law & Policy Center 35 East Wacker Drive, Suite 1600 Chicago, Illinois 60601 (312) 673-6500 [email protected] Counsel for Petitioners Environmental Law and Policy Center and Respiratory Health Association 2 USCA Case #18-1206 Document #1743902 Filed: 08/02/2018 Page 3 of 79 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ______________________________________________ ) ) ENVIRONMENTAL LAW AND POLICY CENTER ) and RESPIRATORY HEALTH ASSOCIATION ) ) Petitioners, ) ) v. ) No. _________18-1206 ) UNITED STATES ENVIRONMENTAL ) PROTECTION AGENCY, and ) ANDREW R. WHEELER, Acting Administrator, ) United States Environmental Protection Agency, ) ) Respondents. ) ) ) _______________________________________________________________________________________________________________________________________________________________________________________________________________________ RULE 26.1 CORPORATE DISCLOSURE STATEMENT Pursuant to Fed. R. App. P. 26.1 and D.C. Circuit Rule 26.1, Petitioners Environmental Law and Policy Center and Respiratory Health Association make the following disclosures: Environmental Law and Policy Center: Environmental Law and Policy Center (ELPC) is an Illinois not-for-profit corporation dedicated to environmental education, advocacy and legal action to protect air quality, water quality and USCA Case #18-1206 Document #1743902 Filed: 08/02/2018 Page 4 of 79 natural resources throughout the Midwest. ELPC has no parent companies, and no publicly held company has a 10% or greater ownership interest in ELPC. Respiratory Health Association: The Respiratory Health Association (RHA) is a 501(c)(3) charitable organization organized under the laws of the State of Illinois. RHA, a public health leader in the Chicago metropolitan area since 1906, is dedicated to preventing lung disease, promoting clean air, and helping people live better through education, research, and policy change. RHA has no parent companies, and no publicly held company has a 10% or greater ownership interest in RHA. Dated: August 2, 2018 Respectfully submitted, /s/ Scott Strand_________________ Scott Strand (D.C. Cir. #60545) Andrene E. Dabaghi Environmental Law & Policy Center 35 East Wacker Drive, Suite 1600 Chicago, Illinois 60601 (312) 673-6500 [email protected] Counsel for Petitioners Environmental Law and Policy Center and Respiratory Health Association 2 USCA Case #18-1206 Document #1743902 Filed: 08/02/2018 Page 5 of 79 CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition for Review and Rule 26.1 Corporate Disclosure Statement were served by First Class U.S. Mail this 2nd day of August, 2018, upon each of the following: Andrew R. Wheeler Acting Administrator U.S. Environmental Protection Agency William Jefferson Clinton Building – North 1200 Pennsylvania Avenue, N.W. Mail Code: 1101A Washington, D.C. 20460 Office of General Counsel U.S. Environmental Protection Agency William Jefferson Clinton Building – North 1200 Pennsylvania Avenue, N.W. Mail Code: 2344A Washington, D.C. 20460 The Hon. Jefferson Sessions, III U.S. Attorney General U.S. Department of Justice 950 Pennsylvania Ave., N.W. Washington, D.C. 20530 Date: August 2, 2018 /s/ Scott Strand_________________ Scott Strand USCA Case #18-1206 Document #1743902 Filed: 08/02/2018 Page 6 of 79 18-1206 Attachment U.S. Environmental Protection Agency, Additional Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards, 83 Fed. Reg. 25,776 (June 4, 2018) 25776USCA CaseFederal #18-1206 Register / Vol. Document 83, No. 107 #1743902 / Monday, June 4, Filed: 2018 /08/02/2018 Rules and Regulations Page 7 of 79 ENVIRONMENTAL PROTECTION DATE: The effective date of this rule is Planning and Standards, U.S. AGENCY August 3, 2018. Environmental Protection Agency, Mail ADDRESSES: The EPA has established a Code C539–01, Research Triangle Park, 40 CFR Part 81 docket for this action under Docket ID NC 27711, phone number (919) 541– [EPA–HQ–OAR–2017–0548; FRL–9977–72– NO. EPA–HQ–OAR–2017–0548. All 4280 or by email at: scott.denise@ OAR] documents in the docket are listed in epa.gov. the index at http://www.regulations.gov. Regional Office Contacts RIN 2060–AT94 Although listed in the index, some information is not publicly available, Region I—Richard Burkhart, telephone Additional Air Quality Designations for i.e., Confidential Business Information (617) 918–1664, email at the 2015 Ozone National Ambient Air or other information whose disclosure is [email protected]. Quality Standards restricted by statute. Certain other Region II—Omar Hammad, telephone AGENCY: Environmental Protection material, such as copyrighted material, (212) 637–3347, email at Agency (EPA). is not placed on the internet and will be [email protected]. ACTION: Final rule. publicly available only in hard copy Region III—Maria Pino, telephone (215) form. Publicly available docket 814–2181, email at pino.maria@ SUMMARY: This rule establishes initial materials are available either epa.gov. air quality designations for certain areas electronically in the docket or in hard Region IV—Jane Spann, telephone (404) in the United States, including areas of copy at the EPA Docket Center, EPA 562–9029, email at spann.jane@ Indian country, for the 2015 primary WJC West Building, Room 3334, 1301 epa.gov. and secondary national ambient air Constitution Avenue NW, Washington, Region V—Kathleen D’Agostino, quality standards (NAAQS) for ozone. DC. The Public Reading Room is open telephone (312) 886–1767, email at On November 6, 2017, the from 8:30 a.m. to 4:30 p.m., Monday [email protected]. Environmental Protection Agency (EPA) through Friday, excluding legal Region VI—Carrie Paige, telephone designated about 85 percent of the holidays. The telephone number for the (214) 665–6521, email at country as attainment/unclassifiable Public Reading Room is (202) 566–1744, [email protected]. and three counties as unclassifiable. In and the telephone number for the Office Region VII—Lachala Kemp. telephone this action, the EPA is designating all of Air and Radiation Docket and (913) 551–7214, email at remaining areas, except for eight Information Center is (202) 566–1742. [email protected]. In addition, the EPA has established counties in the San Antonio, Texas Region VIII—Chris Dresser, telephone a website for this rulemaking at https:// metropolitan area. Areas are being (303) 312–6385, email at www.epa.gov/ozone-designations. The designated as either nonattainment, [email protected]. website includes the EPA’s final attainment/unclassifiable, or Region IX—Ashley Graham, telephone designations, as well as designation unclassifiable. Areas designated as (415) 972–3877, email at recommendation letters from states and nonattainment are also being classified [email protected]. by operation of law according to the tribes, the EPA’s 120-letters notifying Region X—Karl Pepple, telephone (206) severity of their air quality problems. the states whether EPA intends to 553–1778, email at pepple.karl@ The classification categories are modify the state’s recommendation, epa.gov. Marginal, Moderate, Serious, Severe, technical support documents, responses and Extreme. In addition, five to comments and other related technical SUPPLEMENTARY INFORMATION: nonattainment areas in California are information. The public may inspect the rule and being voluntarily reclassified to a higher FOR FURTHER INFORMATION CONTACT: state-specific technical support classification. Denise Scott, Office of Air Quality information at the following locations: Regional offices States Dave Conroy, Chief, Air Programs Branch, EPA New England, 5 Post Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Office Square, Suite 100, Boston, MA 02109–3912, (617) 918–1661. and Vermont. Richard Ruvo, Chief, Air Programs Branch, EPA Region II, 290 Broad- New Jersey, New York, Puerto Rico, and Virgin Islands. way, 25th Floor, New York, NY 10007–1866, (212) 637–4014. Maria A. Pino, Acting Associate