Notices of Intent to Sue the U.S. Environmental Protection Agency Documents 2018

Information related to Notices of Intent to Sue the U.S. Environmental Protection Agency (EPA):     

• 01/03/2018 CAA, State of Delaware, Department of Natural Resources and Environmental Control (pdf) (1.53 MB)
  Failure to Approve or Disapprove Delaware's Clean Air Act Section 126 Petition Regarding the Brunner Island Steam Electric Station, Located in York County, Pennsylvania.
• 01/03/2018 CAA, State of Delaware, Department of Natural Resources and Environmental Control (pdf) (1.51 MB)
  Failure to Approve or Disapprove Delaware's Clean Air Act Section 126 Petition Regarding the Harrison Power Station, Located in Harrison County, West Virginia.
• 01/03/2018 CAA, State of Delaware, Department of Natural Resources and Environmental Control (pdf) (1.59 MB)
  Failure to Approve or Disapprove Delaware's Clean Air Act Section 126 Petition Regarding the Homer City Generating Station, Located in Indiana County, Pennsylvania.
• 01/03/2018 CAA, State of Delaware, Department of Natural Resources and Environmental Control (pdf) (1.53 MB)
  Failure to Approve or Disapprove Delaware's Clean Air Act Section 126 Petition Regarding the Conemaugh Generating Station, Located in Indiana County, Pennsylvania.
• 1/17/2018 CAA, Chesapeake Bay Foundation, Inc. (pdf) (649.87 KB)
  Failure to act on Delaware's Clean Air Act Section 126 Petition regarding the Conemaugh Generating Station located in Indiana County, Pennsylvania.
• 1/24/2018 CAA, Association of Irritated Residents (pdf) (421.04 KB)
  Failure to Take Action on the San Joaquin Valley 2016 Plan for the 2008 8-Hour Ozone Standard
• 01/29/2018 CWA, Waterkeeper Alliance, Inc. (pdf) (456.93 KB)
  EPA allegedly failed to fulfill its quadrennial reporting requirements to Congress under section 7 of the BEACH Act, 33 U.S.C. 1375a.
• 01/29/2018 CWA, Waterkeeper Alliance, Inc. (pdf) (368.25 KB)
  EPA allegedly failed to conduct a review of, and revise as necessary, water quality criteria published pursuant to the BEACH Act. 33 USC 1314(a)(9)(B).
• 01/29/2018 CWA, Buzzard's Bay Coalition (pdf) (3.41 MB)
  Alleging failure to approve or disapprove Massachusetts TMDLs for nitrogen for Falmouth estuaries.
• 02/01/2018 CAA, Sierra Club (pdf) (496.7 KB)
  For failure to timely grant or deny a petition to object to the proposed Title V permit renewal for the Tennessee Valley Authority’s Gallatin Fossil Plant.
• 2/7/2018 CAA, Sierra Club, Environmental Integrity Project (pdf) (509.26 KB)
  For failure to timely grant or deny a petition to object to the proposed Title V permit renewal for the Wheelabrator Frackville Energy, Inc. power generating facility in Schuylkill County, Pennsylvania
• 2/14/2018 CWA, ESA, Center for Biological Diversity, Waterkeeper Alliance, Center for Food Safety, Turtle Island Restoration Network, Humboldt Baykeeper - a program of the Northcoast Environmental Center, Russia Riverkeeper, Monterey Coastkeeper (pdf) (399.03 KB)
  Notice of intent to sue for violations of ESA sec. 7 in promulgation of "Definition of 'Waters of the United States' - Addition of Applicability Date to 2015 Clean Water Rule"
• 02/22/2018 CAA, Center for Biological Diversity and the Center for Environmental Health (pdf) (181.96 KB)
  Allege failure to take final action with regard to the Prevention of Significant Deterioration portion of the December 21, 2016 Louisville, Kentucky SIP submittal.
• 3/5/2018 CAA, Clean Air Council (pdf) (987.49 KB)
  Allege unreasonable delay in responding to October 20, 2016 petition requesting EPA to make a finding that the Allegheny County Health Department has failed to implement its Title V permitting program.
• 03/13/2018 CAA, Center for Biological Diversity, Center for Environmental Health, Sierra Club (pdf) (196.04 KB)
  Alleging failure to take action on 17 pending 2010 SO2 SIPs for nonattainment areas in 9 states (Florida, Illinois, Indiana, Iowa, Michigan, Missouri, Ohio, West Virginia, and Wisconsin) and failure to issue findings of failure to submit regarding 2 overdue 1972 SO2 SIPs for nonattainment areas in 2 states (Arizona and New Jersey).
• 3/23/2018 CAA, State of California and the California Air Resources Board, State of Illinois, State of Maryland, State of New Mexico, State of Oregon, Pennsylvania Department of Environmental Protection, State of Rhode Island and State of Vermont (pdf) (229.02 KB)
  NOI for failure to enforce the 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills.
• 05/18/2018 ESA, Tulane Environmantal Law Clinic (pdf) (6.74 MB)
  Tulane Environmental Law Clinic NOI vs. EPA and Lousiana for failure to consult under ESA.
• 05/21/2018 CAA, Our Children's Earth Foundation (pdf) (530.8 KB)
  Failure to review and revise certain National Emissions Standards for Hazardous Air Pollutants and New Source Performance Standards every eight years
• 06/05/2018 CWA, ESA, Northwest Environmental Advocates (pdf) (1.8 MB)
  60-day NOI for EPA approval of 2013/14 OR zinc, arsenic, and selenium criteria. NOI alleges EPA violated ESA section 7 when EPA approved OR's acute and chronic zinc, chronic arsenic, and chronic selenium criteria and EPA failed to reinitiate consultation on acute and chronic zinc and chronic arsenic criteria. Also alleges EPA failed to consult (or alternatively failed to reinitiate consultation) on chronic selenium criteria.
• 06/26/2018 CAA, Natural Resources Defense Council; Environmental Defense Fund (pdf) (391.81 KB)
  Failure to implement or enforce the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, 8 I Fed. Reg. 59,276 (Aug. 29, 20 I 6)
• 07/03/2018 CWA, Idaho Department of Environmental Quality (pdf) (8.79 MB)
  Alleged failure to perform a non-discretionary duty under CWA section 303(c) to approve or disapprove site-specific water quality criteria downstream from the Hells Canyon dams complex.
• 07/06/2018 CAA, National Park Conservation Association, Medical Advocates for Healthy Air, Committee for a Better Arvin and Committee for a Better Shafter (pdf) (488.34 KB)
  For failure to issue “findings of failure to submit” addressing the State of California’s failure to develop and submit at least four separate nonattainment State Implementation Plan revisions of the 1997, 2006, and 2012 national ambient air quality standards for fine particulate matter in the San Joaquin Valley, California.
• 07/19/2018 CAA, Iowa Citizens for Community Improvement (pdf) (225.92 KB)
  Alleged unreasonable delay in establishing emission factors for the purpose of estimating emissions of volatile organic compounds from Animal Feeding Operations
• 8/9/2018 RCRA, Waterkeeper Alliance, Inc. ("Waterkeeper Alliance"), Local Environmental Action Demanded ("LEAD Agency"), and Sierra Club (pdf) (1.81 MB)
  Notice of intent to file suit against the EPA under RCRA.
• 8/31/2018 CWA, Center for Biological Diversity (pdf) (130.17 KB)
  Alleging failure to perform a non-discretionary duty under CWA section 303(d) to identify impaired Oregon waters after EPA’s partial disapproval of Oregon’s 2012 303(d) list, as required by section 303(d)(2) of the CWA, 33 U.S.C. § 1313(d)(2).
• 09/12/2018 CAA, David and his service dog (pdf) (4.29 MB)
  Pro Se Notice of Intent to Sue under TSCA, CAA, and CWA alleging that widespread pesticide use causes unreasonable risks to health and the environment.
• 9/24/18 CWA, Citizen - Irvin A. Mermelstein (pdf) (2.74 MB)
  Notice of intent to sue EPA for failure to take enforcement action under the CWA against the City of Ann Arbor, Michigan for CSO sewer overflows, incorrectly classified as SSOs
• 10/11/2018 CAA, Citizens for Clean Air, a project of Alaska Community Action on Toxics; Sierra Club (pdf) (188.93 KB)
  For failure to make a completeness determination regarding the state of Alaska’s failure to timely submit a proposed SIP addressing requirements newly triggered by EPA’s designation of the Fairbanks North Star Borough as a 2006 24-hour fine particulate matter “Serious” nonattainment area.
• 10/15/2018 CAA, Center for Biological Diversity, the Center for Environmental Health, and Sierra Club (pdf) (196.48 KB)
  For failure to make findings of failure to submit and failure to take final action with regard to sulfur dioxide pollution
• 10/29/18 CAA, Biomass Power Association (pdf) (295.39 KB)
  NOI claiming unreasonable delay and failure to perform a nondiscretionary duty, and requesting EPA to: (1) process all pending registration requests for RINs from the production of electricity used for transportation, and (2) create a pathway for the generation of RINs for electricity generated directly from solid biomass feedstock.
• 10/31/2018 TSCA, Lauren Atkins, Wendy Hartley, Labor Council for Latin American Advancement, Safer Chemicals Healthy Families, Vermont Public Interest Research Group (pdf) (184.26 KB)
  The NOI was submitted under TSCA's citizen suit provision, section 20(a)(2), for failure to perform a non-discretionary act under TSCA sections 6(a) and 7(a) related to the TSCA section 6(a) methylene chloride rule.
• 09/04/2018 CWA, Northwest Environmental Advocates (pdf) (158.98 KB)
  Northwest Environmental Advocates' intent to sue for failure to establish replacement TMDLs for Washington's Deschutes River Basin.
• 11/16/2018 SDWA, Waterkeepers: Waterkeeper Alliance, Waterkeepers Chesapeake, and California Coastkeeper Alliance (pdf) (141.42 KB)
  Waterkeepers intent to sue EPA for failure to perform the following nondiscretionary duties: revise the existing National Primary Drinking Water Regulations for tetrachloroethylene and trichloroethylene; revise the existing NPDWRs for chlorite, cryptosporidium, haloacetic acids, hetrotrophic bacteria, giardia lamblia, legionella, total trihalomehtanes, and viruses; failure to make revise/not revise decisions during Six-Year Review 2 and Six-Year Review 3.
• 11/27/2018 CWA, Northwest Environmental Advocates (NWEA) (pdf) (1.2 MB)
  Northwest Environmental Advocates intends to file suit for alleged violations of mandtory duties following EPA's partial disapproval of Oregon's 2012 list of impaired waters pursuant to CWA section 303(d).
• 12/7/2018 CWA, Environmental Law & Policy Center (pdf) (5 MB)
  Environmental Law & Policy Center notice of intent to sue EPA for alleged failure to either approve or disapprove the State of Ohio's decision not to submit a TMDL for western Lake Erie at this time.
• 11/6/2018 CWA311, Environmental Justice Health Alliance ("EJHA"), Just Transition Alliance ("JTA"), Clean Water Action, and the Natural Resources Defense Council ("NRDC") (pdf) (207.43 KB)
  Notice of intent to file suit against the EPA under CWA311
• 12/11/2018 TSCA, NRDC (pdf) (146.5 KB)
  The NOI was submitted under TSCA's citizen suit provision, section 20(a)(2), for failure to perform a non-discretionary act under TSCA sections 6(a) and 7(a) related to the TSCA section 6(a) methylene chloride rule.
• 12/14/2018 ESA, Gulf Restoration Network; Sierra Club (pdf) (379.75 KB)
  Alleges that EPA failed to consult with the wildlife services in establishing annual renewable fuel standards, and in approving renewable fuel pathways, and violated other ESA requirements
• 12/19/2018 CWA, LandTech Design Group, Inc (pdf) (2.44 MB)
  LandTech Design Group's intent to sue the EPA for failure to utilize higher level of service for raw water resources.