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Petitions to the Office of Air and Radiation

This page makes available petitions for rulemaking received by the Office of Air and Radiation on or after January 1, 2013. For the purposes of this page, the agency has posted incoming communications styled as "petitions" for generally applicable, national rulemakings. Petitions provided as comments in a publicly available rulemaking docket are not reproduced here. Petitions for reconsideration of rules recently issued under the Clean Air Act are also not included. Additional petitions will be added on an ongoing basis as they are received or identified; petitions on this page were last updated in November 2022.

The presence of a petition on this page does not indicate an EPA decision to grant or deny the petition. Any regulatory action that follows as a result of a petition for rulemaking would still be shaped by the typical outreach used by the agency to gather stakeholder input, and is still subject to any applicable notice and comment requirements. Petitions for rulemaking from other offices.

 
Date Received Petitioners Related Statutes Description
May 13, 2014 Earthjustice CAA 112(n)(4)(B)

EPA should list oil and gas wells and associated equipment as an area source category and promptly set national air toxics standards to protect public health.

Read the petition Petition to protect communities from oil and gas wells toxic air pollution (pdf) (4.34 MB)

February 4, 2014 DuPont Chemicals & Fluoroproducts CAA 302(s)

Request to Exempt 1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z) from definition of VOC.

Read the petition DuPont Petition to Exempt HFO from VOC List (pdf) (301.52 KB)

August 25, 2015 Chemours Chemical Company CAA 302(s)

Request to Exempt Methyl-Perfluoroheptene-ethers (MPHE) from definition of VOC.

Read the petition Petition to exempt MPHE from VOC list (pdf) (235.74 KB)

August 2, 2016 American Petroleum Institute CAA 110, 301(b)

Oil and Gas FIP in Indian Country. Read the petition.

February 2, 2016 Sierra Club and California Communities Against Toxics CAA 112(d)

NESHAP for Secondary Lead Smelting. Petition for rulemaking requesting that EPA revise the provisions on applicability and definitions in the final rule (77 FR 556, 1/5/12) and, if necessary, revise the source category listing, based on new information that arose more than 60 days after the final rule was published. Read the petition.

June 17, 2014 Sierra Club CAA 111, 112, and 129

Petition for Review of 111, 112, and 129 rules that contain affirmative defense. Petition claims that affirmative defense vacatur in Portland Cement case provides new basis for challenge.

Read the petition: Petition to Revise Air Emissions Regulations Containing Affirmative Defense (pdf) (2.31 MB)

February 25, 2013 Institute for Policy Integrity at NYU School of Law Clean Air Act section 115, title VI, section 111 and title II

Petitioner calls for EPA to use Section 115, Section 615, or a combination of Section 111 and Title II authorities to formulate a comprehensive response to control greenhouse gas emissions. Petition includes 12 specified elements. Read the petition.

March 19, 2013 Clean Air Task Force, Environmental Defense Fund, Natural Resources Defense Council, and Sierra Club Clean Air Act section 114

EPA should revise and clarify certain provisions relating to petroleum and natural gas systems facilities as methane sources under the Greenhouse Gas Reporting Program.

Read the petition. Petition for Rulemaking and Interpretive Guidance Ensuring Comprehensive Coverage of Methane Sources (pdf) (109.44 KB)

July 16, 2013 Friends of the Earth Clean Air Act Title II In response to recent events at the International Maritime Organization that could affect the implementation of one element of EPA’s Coordinated Strategy for Category 3 marine diesel engines, Petitioners ask the EPA to take steps to retain the substance of that element by commencing a CAA rulemaking to apply EPA’s Category 3 Tier III NOx limits to all new ships that operate in U.S. waters, extending to the outer boundary of its exclusive economic zone. Read the petition.
November 14, 2013 South Coast Air Quality Management District Clean Air Act Title II

In anticipation of an upcoming meeting at the International Maritime Organization that could affect the implementation of one element of EPA’s Coordinated Strategy for Category 3 marine diesel engines by delaying the international Tier III NOx limits, Petitioners ask the EPA, if that delay occurs, to

  • propose federal regulations on or before June 1, 2014, and
  • finalize them on or before December 1, 2014, that would apply the international Tier III NOx limits to engines installed on or after January 1, 2016 on ships entering the U.S. exclusive economic zone or U.S. ports. Read the petition.
January 31, 2014 Alliance for Responsible Atmospheric Policy Clean Air Act Title VI

Petition EPA to undertake a rulemaking to extend refrigerant management regulations promulgated under CAA §608 to also cover hydrofluorocarbons (HFCs) and other refrigerant substitutes.

Read the petition Petition from the Alliance for Responsible Atmospheric Policy to Apply the CAA Section 608 Refrigerant Management Regulations to Substitutes for Ozone Depleting Substances (pdf) (120.89 KB)

April 21, 2014 Friends of the Earth, Physicians for Social Responsibility, and Oregon Aviation Watch Clean Air Act section 231

Petitioners ask the EPA to: reconsider its denial of FoE’s October 3, 2006 Petition; to find that lead emissions from general aviation aircraft cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare; and to commence the rulemaking process and issue proposed emission standards for lead from general aviation aircraft after it makes an endangerment finding.

Read the petition Petition for Reconsideration of EPA's Denial of Friends of the Earth's Petition for Rulemaking Seeking the Regulation of Lead Emissions from General Aviation Aircraft (pdf) (268.79 KB)

June 3, 2016

South Coast Air Quality Management District; Pima County Dept. of Environmental Quality; Bay Area Air Quality Management District; Connecticut Dept. of Energy and Environmental Protection; Delaware Dept. of Natural Resources and Environmental Control, Division of Air Quality; Washoe Co. Health District, Air Quality Management; New Hampshire Dept. of Environmental Services; New York City Dept. of Environmental Protection; Akron Regional Air Quality Management District; Washington State Dept. of Ecology; Puget Sound Clean Air Agency.


Additional organizations joining the heavy-duty NOx standards petition:

June 13, 2016: Rhode Island Department of Environmental Management

June 15, 2016: Massachusetts Department of Environmental Protection

July 7, 2016: Coalition for Clean Air

July 11, 2016: Vermont Department of Environmental Conservation

July 18, 2016: San Bernardino Associated Governments

July 25, 2016: New York State Department of Environmental Conservation

August 23, 2016: Sacramento Metropolitan Air Quality Management District

November 7, 2016: California Air Pollution Control Officers Association

Clean Air Act sections 202(a), 202(a)(3)(A), and 202(a)(3)(C)

Petitioners call on the Administrator of EPA to undertake a rulemaking to revise the on-highway heavy-duty engine exhaust emissions standards for oxides of nitrogen from 0.2 grams per brake horsepower-hour (g/bhp-hr) to 0.02 g/bhp-hr. Read the petition, attachments, and letters from the additional organizations.

June 21, 2016 Alliance of Automobile Manufacturers; Association of Global Automakers Administrative Procedure Act, 5 U.S.C. 553(e); 49 CFR section 553.14

Petitioners request that the EPA and NHTSA undertake a Direct Final Rule under their respective authority to address various inconsistences between the Corporate Average Fuel Economy (CAFÉ) regulatory program and the light-duty vehicle greenhouse gas (GHG) emissions regulations.   Petitioners believe a Direct Final is appropriate given that inconsistencies, errors, or procedural issues, they raise may be addressed through technical amendments.

Read the petition Petition for Direct Final Rule with Regard to Various Aspects of the Corporate Average Fuel Economy Program and the Greenhouse Gas Program (pdf) (1.89 MB)

June 22, 2016 San Joaquin Valley Air Pollution Control District. Additional organization joining the San Joaquin petition: December 9, 2016: California Air Pollution Control Officers Association Clean Air Act sections 202 and 213, 42 U.S.C. 7521 and 7547

Petitioners call on the Administrator of EPA to undertake two rulemakings to reduce NOx and PM2.5 emissions:

(1) revise the on-highway heavy-duty engine exhaust emissions standards for oxides of nitrogen, and

(2) develop in-use locomotive regulations, Tier 5 standards for newly manufactured locomotives, and more stringent standards for remanufactured locomotives.

Read the petition.

Read the petition response for on-highway standards. 

Read the petition response for locomotive standards.

December 28, 2016 American Fuel & Petrochemical Manufacturers Clean Air Act section 211(o), 42 U.S.C. 7545 Petitioner requests that the EPA issue a partial supplemental waiver of the volumes of cellulosic biofuels required for the 2016 compliance year under the Renewable Fuel Standard (RFS) due to an inadequate domestic supply of such fuel.  Read the petition and response.
April 13, 2017 California Air Resource Board Administrative Procedure Act, 5 U.S.C. 553(e); CAA section 213(a)(5), 42 U.S.C. 7547(a)(5) The California Air Resources Board submitted a petition requesting that EPA undertake rulemaking to amend and establish new national emission standards under the Clean Air Act regulating nitrogen oxide (NOx) and particulate matter (PM) emissions from locomotives. Read the petition and response.

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