H- .. a man BF gum Wean 0F CULUMEIBY I m: cuwmam 013mm I IN THE UNITED STATES COURT OF APPEALS may _1 20" was 63? FOR THE DISTRICT OF COLUMBIA RECEIVEB CLERK STATE OF NEW YORK, STATE OF CALIFORNIA, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF ILLINOIS, STATE OF IOWA, . STATE OF MAINE, COMMONWEALTH Casl 116.1 1 3 5 OF MASSACHUSETTS, STATE OF MINNESOTA, STATE OF NEW MEXICO, STATE OF OREGON, STATE OF RHODE ISLAND, COMMONWEALTH OF STATE OF VERMONT, STATE OF WASHINGTON, and DISTRICT OF COLUMBIA, Petitioners, V. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and SCOTT PRUITT, as Administrator of the US. Environmental Protection Agency, Respondents. PETITION FOR REVIEW Pursuant to Clean Air Act 307(b)(1), 42 USC. 7607(b)(1), Rule 15 Of the Federal Rules of Appellate Procedure, and DC. Circuit Rule 15, the States Of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Minnesota, New Mexico, Oregon, Rhode Island, Vermont, and Washington, the Commonwealths of Massachusetts and and the District of Columbia (collectively, Petitioners) hereby petition this Court for review of the final action of Respondents United States Environmental Protection Agency and Administrator Scott Pruitt extending the deadline for promulgating initial area designations for the 2015 ozone national ambient air quality standards, which Respondents announced in a Federal Register notice published at 82 Fed. Reg. 29,246 (June 28, 2017) and titled ?Extension of Deadline for Promulgating Designations for the 2015 Ozone National Ambient Air Quality Standards? (Attachment A) and in letters to state governors dated June 6, 2017, an example of which is attached (Attachment B). DATED: July 31, 2017 Respectfully submitted, FOR THE STATE OF NEW YORK ERIC T. SCHNEIDERMAN ATTORNEY GENERAL Michael J. Myers Senior Counsel Morgan A. Costello Brian Lusignan Assistant Attorneys General Environmental Protection Bureau The Capitol I Albany, NY 12224 (518) 776-2400 Attorneys for the State of New York, on behalf of the New York State Department of Environmental Conservation FOR THE STATE OF CALIFORNIA FOR THE STATE OF CONNECTICUT XAVIER BECERRA ATTORNEY GENERAL OF GEORGE EPSEN CALIFORNIA ATTORNEY GENERAL .?12166 Per will Alt?fC/Ltar 3r; Willi Robert W. Byrnii: Matthew I. Levine I Senior Assistant Attorney General Scott N. Koschwitz Gavin G. McCabe Assistant Attorneys General Supervising Deputy Attorney General Of?ce of the Attorney General Melinda Pilling PO. Box 120, 55 Elm Street Timothy E. Sullivan . Hartford, CT 06141-0120 Deputy Attorneys General (860) 808-5250 455 Golden Gate Ave, Suite 11000 San Francisco, CA 94102 (415) 703-5585 Attorneys for State of California, by and through the Air Resources Board and Attorney General Xavier Becerra FOR THE STATE OF DELAWARE FOR THE STATE OF ILLINOIS MATTHEW P. DENN LISA MADIGAN ATTORNEY GENERAL ATTORNEY GENERAL .. ?at, .. - (?4'51'7?92?1 *5 't Cit/ll? t" ctr/?lh Valerie S. Etlg?? Matthew J. Dunn I Deputy Attorney General Gerald T. Karr Delaware Department of Justice James P. Gignac 102 West Water Street, 3d Floor Assistant Attorneys General Dover, DE 19904 69 W. Washington St., 18th Floor (302) 739-4636 Chicago, IL 60602 (312) 814-0660 FOR THE STATE OF IOWA THOMAS J. MILLER ATTORNEY GENERAL b. Jacob Larson Assistant Attorney General Of?ce of Iowa Attorney General Hoover State Of?ce Building 1305 E. Walnut Street, Floor Des Moines, Iowa 50319 (515) 281-5341 FOR THE STATE OF MAINE JANET T. MILLS ATTORNEY GENERAL all/1R Gerald D. Reid Natural Resources Division Chief 6 State House Station Augusta, ME 04333 (207) 626-8800 FOR THE COMMONWEALTH OF MASSACHUSETTS MAURA HEALEY ATTORNEY 1 - Lit/11M Ml; Carol Iancu Assistant Attorney General Environmental Protection Division One Ashburton Place, 18th Floor Boston, MA 02108 (617) 963?2428 FOR THE STATE OF MINNESOTA LORI SWANSON ATTORNEY GENERAL it ,4 . t; 5: if) but NW. Max Kieley I I Assistant Attorney General 445 Minnesota Street, Suite 900 St. Paul, MN 55101-2127 (651) 757?1244 Attorneys for State ofMt'nnesota, by and through the Minnesota Pollution Control Agency FOR THE STATE OF NEW MEXICO HECTOR BALDERAS ATTORNEY GENERAL q, Lillg?j?fm William Grantham Brian MoMath Assistant Attorneys General Of?ce of the Attorney General 408 Galisteo Street Villagra Building Santa Fe, NM 8750] (505) 490?4060 60 in? (?lurk FOR THE STATE OF OREGON ELLEN F. ROSENBLUM ATTORNEY GENERAL Frilti'z 6173.53- Paul Garrahan Attorney-in?Charge Natural Resources Section Oregon Department of Justice 1 162 Court Street NE Salem, OR 97301-4096 (503) 947?4593 [1 FOR THE STATE OF RHODE ISLAND PETER F. ATTORNEY GENERAL 97ft - fr? Gregory Schultz Special Assistant Attorney General Rhode Island Department of Attorney General 150 South Main Street Providence, RI 02903 (401) 274?4400 FOR THE COMMONWEALTH OF JOSH SHAPIRO ATTORNEY GENERAL Steven J. Santarsiero (Pro Hac Vice Admission Pending) Chief Deputy Attorney General Michael J. Fischer Chief Deputy Attorney General Kristen M. Furlan Assistant Director Bureau of Regulatory Counsel PA Department of Environmental Protection PA Of?ce of the Attorney General 1000 Madison Avenue, Suite 310 Norristown, PA 19403 (610) 631-5971 FOR THE STATE OF VERMONT THOMAS J. DONOVAN, JR. ATTORNEY GENERAL rVgangtir-..-? lin?ilaf/m?wag Wm Nicholas F. Persampieiri Assistant Attorney General Of?ce of the Attorney General 109 State Street Montpelier, VT 05609-1001 (802) 828-3186 FOR THE STATE OF WASHINGTON ROBERT W. FERGUSON ATTORNEY GENERAL Katharine G. Shirey '1 Assistant Attorney General Of?ce of the Attorney General PO. Box 40117 Olympia, WA 98504?0117 (360) 586-6769 I. i ?it; FOR THE DISTRICT OF COLUMBIA KARL A. RACINE ATTORNEY GENERAL ?r ll ng't?l?? ?at/TR James C. McKay? r. Senior Assistant Attorney General Of?ce of the Attorney General 441 Fourth Street, NW Suite 630 South Washington, DC 20001 (202) 724-5690 CERTIFICATEOF SERVICE I hereby certify that pursuant to Circuit Rule 15(a), a copy of the foregoing Petition for Review was served on July 31, 2017 by first-class mail, postage prepaid on the following: Hon. E. Scott Pruitt, Administrator Office of the Administrator (1101A) Environmental Protection Agency 1.200 Ave., NW Washington, DC 20460 Hon. Jeff Sessions Attorney General of the United States US. Department of Justice 950 Ave., NW Washington, DC 20530 Correspondence Control Unit Office of General Counsel (2311) United States Environmental Protection Agency 1200 Ave, NW Washington, DC 20460 .- ATTACHMENT A .1, 29246 Federal Register/Vol. 82, No. 123/Wednesday, June 28, 2017/Rules and Regulations withdrawn or denied. The proceeds of any such fees will be used to pay the remaining portion of the Agency?s cost of providing credit assistance and the costs of retaining expert firms, including financial, engineering, and legal services, in the field of municipal and project finance, to assist in the underwriting of the Federal credit instrument. All of, or a portion of, this fee may be waived. Servicing fee. EPA will require borrowers to pay a servicing fee for each credit instrument approved for funding. Separate fees may apply for each type of credit instrument a loan guarantee, a secured loan with a single disbursement, or a secured loan with multiple disbursements), depending on the costs of servicing the credit instrument as determined by the Administrator. Such fees will be set at a level sufficient to enable the EPA to recover all or a portion of the costs to the Federal Government of servicing WIFIA credit instruments. Optional supplemental fee. If, in any given year, there is insufficient budget authority to fund the credit instrument for a qualified project that has been selected to receive assistance under WIFIA, EPA and the approved applicant may agree upen a supplemental foe to be paid by or on behalf of the approved applicanl at the time of execution of the term sheet to reduce the subsidy cost of that. project. No such fee may be included among eligible project costs. Reduced fees. To the extent that Congress appropriates funds in any given year beyond those sufficient to cover internal administrative costs, EPA may utilize such appropriated funds to reduce fees that would otherwise be charged under paragraph of this section. Extraordinary expenses. EPA may require payment in full by the borrower of additional fees, in an amount determined by EPA, and of related fees and expenses of its independent consultants and outside counsel, to the extent that such fees and expenses are incurred directly by EPA and to the extent such third parties are not paid directly by the borrower, in the event that a borrower experiences difficulty relating to technical, financial, or legal matters or other events engineering failure or financial workouts] which require EPA to incur time or expenses beyond standard monitoring. Doc. 2017?13438 Filed am] BILLING cons ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 81 Extension of Deadline for Promulgating Designations for the 2015 Ozone National Ambient Air Quality Standards AGENCY: Environmental Protection Agency ACTION: Extension of deadline for promulgating designations. SUMMARY: The Environmental Protection Agency is announcing that it is using its authority under the Clean Air Act to extend by 1 year the deadline for promulgating initial area designations for the ozone national ambient air quality standards that were promulgated in October 2015. The new deadline is October 1, 2018. DATES: The deadline for the EPA to promulgate initial designations for the 2015 ozone NAAQS is October 1, 2018. FOR FURTHER INFORMATION CONTACT: For questions regarding this action, contact. Denise Scott, Air Quality Planning Division, Office of Air Quality Planning and Standards, Mail Code C539-04, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: [919.) 541? 4208; email address: scott.denise@ epa.gov. SUPPLEMENTARY INFORMATION: 1. General Information A. Does this action apply to me? Entities potentially affected by this action include state, local and tribal governments that would participate in the initial area designation process for the 2015 ozone standards. B. Where can [get a copy oftln?s document and other related information? The EPA has established a docket for designations for the 201 5 ozone NAAQS under Docket ID No. 2017?0223. All documents in the docket are listed in the littp:// index. Although listed in the index, some information is not publicly available, confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// or in hard copy at the EPA Docket Center EPA West, Room 3334. 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 am. to 4:30 p.1n., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566?1744, and the telephone number for the EPA Docket Center is (202] 566?1742. An electronic copy of this notice is also available at ozone-designations along with other information related to designations for the 2015 ozone NAAQS. II. Designations Requirements On October 1, 2015, the EPA signed a notice of final rulemaking that revised the 8-hour primary and secondary ozone NAAQS [80 FR 65292; October 26, 2015]. The primary standard was lowered from 0.075 parts per million [ppm] to a level of 0.070 ppm. The EPA also revised the secondary standard by making it identical in all respects to the revised primary standard. (The previous ozone NAAQS were set in 2008 and remain effective.) After the EPA establishes or revises a NAAQS pursuant: to CAA section 109, the CAA directs the EPA and the states to begin taking steps to ensure that those NAAQS are met. The first step is to identify areas of the country that do not meet the new or revised NAAQS. This step is known as the initial area designations. Section of the CAA provides that, ?By such date as the Administrator may reasonably require, but not later than 1 year after promulgation of a new or revised national ambient air quality standard for any pollutant: under section [109], the Governor of each State shall submit to the Administrator a list of all areas (or portions thereof] in the State" that. designates those areas as nonattainment, attainment, or unclassifiable. The CAA defines an area as nonattainment if it is violating the NAAQS or if it is contributing to a violation in a nearby area. 42 U.S.C. The CAA further provides, ?Upon promulgation or revision of a national ambient air quality standard, the Administrator shall promulgate the designations of all areas [or portions thereof] as expeditiously as practicable, but in no case later than 2 years from the date of promulgation of the new or revised national ambient air quality standard. Such period may be extended for up to one year in the event the Administrator has insufficient information to promulgate the Federal Register/Vol. 82, No. 123/Wednesday, June 28, 2017/Rules and Regulations 29247 designations.? 42 U.S.C. After the states submit their recommendations, but no later than 120 days prior to promulgating designations, the EPA is required to notify a state of any intended modifications to the state's recommended designation. The state then has an opportunity to demonstrate why any proposed modification is inappropriate. Whether or not a state provides a recommendation, the EPA must promulgate the designation that the agency deems appropriate within 2 years of promulgation of the NAAQS (or within 3 years if the EPA extends the deadline]. For the 2015 ozone NAAQS, the deadline for states to submit designation recommendations to the EPA for their areas was October 1, 2016. The EPA has been evaluating these recommendations and conducting additional analyses to determine whether it is necessary to modify any of the state recommendations. Extension of Deadline for Promulgating Designations for the 2015 NAAQS In this action, the EPA is announcing that it is using its authority under section of the CAA to extend by 1 year the deadline for promulgating initial area designations for the 2015 ozone NAAQS. The new deadline is October 1, 2018. For the reasons explained in this notice, the EPA Administrator has determined that there is insufficient information to complete the designations by October 1. 2017. Following the recent change in administrations, the agency is currently evaluating a host of complex issues regarding the 2015 ozone NAAQS and its implementation, such as understanding the role of background ozone levels and appropriately accounting for international transport. The Administrator has determined that he cannot assess whether he has the necessary information to finalize designations until additional analyses from this evaluation are available. In addition, pursuant to language in the recently-enacted Fiscal Year 2017 omnibus bill. the Administrator is establishing an Ozone Cooperative Compliance Task Force to develop additional flexibilities for states to comply with the ozone standard. It is possible the outcome of that effort could identify flexibilities that could impact the designations process. In light of the analyses currently underway at the agency, the Administrator has determined he needs additional time to consider completely all designation recommendations provided by state gOVernors pursuant to CAA section including full consideration of exceptional events impacting designations, and determine whether they provide sufficient information to finalize designations. We also note that new agency officials are currently reviewing the 2015 ozone NAAQS rule. The Administrator has determined that in light of the uncertainty of the outcome of that review, there is insufficient information to promulgate designations by October 1, 2017. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: June 21,2017. E. Scott Pruitt, Administrator. Doc. 2017#1343.7 Filed 6?27?17; 8:45 am] BILLING CODE ATTACHMENT I into? E. Scorr Pmurr ADMINISTRATOR June 6, 2017 The Honorable Andrew Cuomo Governor oi?New York State Capitol Albany, New York 12224 Dear Governor Cuo mo: 1 am writing to update you on the status of the US. Environmental Protection Agency?s el'lforts related to the National Ambient Air Quality Standards (NAAQS) for ozone promulgated in October 2015. Pursuant to section 107(d)(1)(B) ol?the Clean Air Act (CAA), I am extending the deadline for promulgating initial area designations for the 2015 ozone NAAQS by one year. I have determined that there is insuf?cient information, and taking additional time is appropriate in order to consider completely all designation recommendations provided by state governors pursuant to CAA section 107(d)(1)(A) and to rely fully on the most recent air quality data. This additional time will also provide the Agency time to complete its review of the 2015 ozone NAAQS, prior to taking this initial implementation step. Although the new ozone standard was set on October 1, 2015, there remains a host of complex issues that could undermine associated compliance efforts by states, localities and regulated entities. As part of the review process, the Agency is evaluating these issues primarily focusing on: fully understanding the role of background ozone levels; appropriately accounting for international tranSpon; and, timely consideration of exceptional events demonstrations. Additionally, pursuant to language in the recently-enacted FY 2017 omnibus bill, I have established an Ozone Cooperative Compliance Task Force to develop additional flexibilities for states to comply with the ozone standard. States have made tremendous progress and signi ticant investment cleaning up the air. Since 1980, total emissions of the six principal air pollutants have dropped by 63 percent and ozone levels have declined by 33 percent. Despite the continued improvement of air quality, costs associated with compliance of the ozone NAAQS have significantly increased. 1 am committed to working with you and your local of?cials to effectively implement the ozone standard in a manner that is supportive of your air quality improvement efforts. without interfering with local decisions or impeding economic growth. 1200 Ava. NW 0 Man. Conic 1101A - DC 20160 - (202) 561-1700 - Fax: (2112) .3014 Lit) This paper .3 printed vegelabie.o.l.based and ls 100-percent poslconsumer recycled material. chlorine-lree-processed and recyclable I appreciate the information you and your staff have shared with EPA already as part of this process. I am con?dent this progress will continue as we work tgether towards our shared goal of clean air, a robust economy and stronger, healthier communities. If you have questions or concerns, please contact me: or your staff may contact Troy Lyons, Associate Administrator for the Of?ce of Congressional and Intergovernmental Relations, at lyons.troy@epa.gov or (202) 564- 4987. E. Scull Pruill