Ryan Whaley Coldiron Shandy

On November 16, 2009, the Environmental Protection Agency announced that it had set deadlines for reviewing, revising, and/or promulgating standards for nitric acid plants and for major sources of hazardous air pollutant emissions from polyvinyl chloride and copolymers production facilities.

In early 2009, environmental groups sued the EPA for failing to perform its nondiscretionary duty to review and, if appropriate, revise 40 C.F.R. Part 60, Subpart G – “NSPS for Nitric Acid Plants” – as required by the Clean Air Act. The case is styled Environmental Integrity Project et al. v. EPA, No. 09-218 (D.D.C.).

On November 16, 2009, the parties entered into a proposed consent decree that requires the EPA to submit either a proposed rule revising Subpart G or a final determination that no revision is necessary. The proposed rule or determination not to revise must be submitted for publication no later than November 15, 2010, and a final rule or determination not to revise must be submitted for publication no later than November 15, 2011. The EPA Docket is EPA-OGC-2009-0854, and the consent decree can be accessed by clicking here.  The announcement is at 74 Fed. Reg. 58, 954.

In another action, several environmental groups sued EPA in late 2008 alleging that the EPA had failed to promulgate emissions standards for major sources of HAPs from PVC production facilities as required by the Clean Air Act. The case is styled Mossville Environmental Action Now et al. v. EPA, No. 08-1803 (D.D.C.).

On November 16, 2009, the parties entered into a proposed settlement agreement that requires the EPA to submit a proposed rule establishing HAP standards for PVC facilities by October 29, 2010, and a final rule promulgating the standards no later than July 29, 2011. The EPA Docket is EPA-HQ-OGC-2009-0848, and the settlement agreement can be accessed by clicking here.  The announcement is at 74 Fed. Reg. 58,955.