Environmental -- 2013



Sierra Club v. EPA   (N.D. Cal.)

Intervention in suit that would force EPA to act on ozone

The NAM and 12 other groups moved to intervene in this suit brought by the Sierra Club over EPA's regulation of ozone. The Sierra Club and other environmental groups filed the suit to force EPA to complete its review and revision of the national ambient air quality standards (NAAQS) for ozone. EPA lowered the standard to 75 ppb in March of 2008, and now the environmental groups are trying to force EPA to take steps to finalize an additional lowering of the standard by September, 2014. The Clean Air Act requires EPA to review NAAQS every 5 years and make revisions "as may be appropriate . . . ."

The NAM group moved to intervene to help prevent the adoption of more stringent NAAQS demanded by the environmental groups. Any lowering of the standard will result in additional costly and burdensome control requirements, new emission reduction requirements, and fees, and manufacturers need to have adequate time to develop and present information to EPA concerning the present standard and a possible revision. Forcing EPA to act hurriedly "would frustrate the development of sound scientific support on the need for NAAQS revisions." The proposed timetable would make EPA "finalize its risk assessment and policy analysis, complete its consultation with CASAC [an advisory committee], publish a proposed rule in the Federal Register, solicit comments, review those comments and respond to them as necessary, send its final rule to the Office of Management and Budget for mandatory review, and publish the final rule in the Federal Register, all in the span of one year or less." This would require EPA to truncate the public comment period, to the detriment of the public and the regulated community.

Joining the NAM in the motion to intervene were the American Forest & Paper Association (“AF&PA”), American Fuel and Petrochemical Manufacturers (“AFPM”), American Iron and Steel Institute (“AISI”), American Petroleum Institute (“API”), American Wood Council (“AWC”), Automotive Aftermarket Industry Association (“AAIA”), Brick Industry Association (“BIA”), Council of Industrial Boiler Owners (“CIBO”), Independent Petroleum Association of America (“IPAA”), National Mining Association (“NMA”), Treated Wood Council (“TWC”), and Utility Air Regulatory Group (“UARG”).

On 8/20/13, the environmental groups and EPA jointly asked the court to delay further filings for 3 months while they engage in settlement discussions.

On 10/9/13, the court denied our motion to intervene, concluding "that EPA will represent adequately any interests that Proposed Intervenors might have in setting a rulemaking schedule." The judge declined to recognize that we had a "significant protectable interest" in the litigation because the rulemaking deadlines are statutory and non-discretionary. We continue to be concerned that EPA will be forced to settle its way into a rushed timeline for this regulation.

On April 29, 2014, the court ordered EPA to propose a new standard by December 1, 2014 and to finalize it by October 1, 2015. EPA had wanted an extra 45 days, but that request was denied.


Related Documents:
NAM Reply Motion  (September 6, 2013)
NAM Motion to Intervene  (August 16, 2013)