Oakridge included in a NOI to sue for non-submittal of a NNSR program

From: Valdez, Heather

Sent: Tue Dec 03 11:09:29 2013

To: GARTENBAUM Andrea; OLIPHANT Margaret; HOUGH Merlyn; LANIER Robbye

Cc: Spenillo, Justin; Deneen, Donna

Subject: Oakridge included in a NOI to sue for non-submittal of a NNSR program

Importance: Normal

Hi Merlyn, how are you?

And Hi, Andrea, Margaret, and Robbye, I don’t know if we have met, I have worked for a number of years on the Air Toxics Team doing implementation of stationary source regulations.

I recently started helping out the SIP team and I will be taking over for the LRAPPA package of three submittals (dated 2008, 2010, and 2011(?)).

We have just been notified Oakridge was included in a notice of intent (NOI) to sue for non-submittal of a NNSR program.

We are looking into the notice to see if this will affect the three SIPs currently slated for submission in Spring 2014.

The NOI is raising claims relevant to state SIP submissions.

It makes the same claims that are being made in the ongoing CBD litigation, which are:

1. An allegation that EPA is required to make a finding of failure to submit with respect to one or more attainment plan requirements against one or more 2006 PM2.5 nonattainment areas within your region (except Region 5); and

2. An allegation that EPA is required to take final action on nonattainment NSR SIP submissions with respect to various PM2.5 nonattainment areas for which the deadline for EPA to approve or disapprove the submissions has passed.

Heather Valdez

Chemical Engineer

EPA Region 10

Office of Air, Waste and Toxics

1200 6th Ave, Suite 900, AWT-107

Seattle WA, 98101

(206) 553-6220

valdez.heather@epa.gov

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