Notices of Intent to Sue the U.S. Environmental Protection Agency Documents 2019

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

• 01/28/2019 CAA, Center for Biological Diversity (pdf) (315.15 KB)
  Alleging that EPA failed to perform its mandatory duties to reclassify to serious the West Central Pinal (AZ) 2006 24- hour PM2.5 Nonattainment Area, to promulgate a FIP and impose sanctions for Arizona’s NSR program defects, and to make findings of failure to submit for the Provo and Salt Lake City, Utah serious 2006 24-hour averaging time PM2.5 Nonattainment Areas.
• 01/29/2019 CAA, WildEarth Guardians (pdf) (276.5 KB)
  Failure to make a determination on whether the Denver Metro-North Front Range Area of Colorado complied with the 2008 National Ambient Air Quality Standards (NAAQS) for ozone by the attainment date of July 20, 2018.
• 02/06/2019 CWA, Board of Lucas County Commissioners (pdf) (701.78 KB)
  Board of Lucas County Commissioners intent to sue the EPA for alleged violations of the CWA for its failure to either approve or disapprove the State of Ohio's decision not to submit a TMDL for western Lake Erie.
• 02/11/2019 CAA, Kern Oil & Refining Co.’s (pdf) (869.63 KB)
  Failure to Perform Non-Discretionary Duty to Approve or Disapprove Kern Oil & Refining Co.’s Petition for an Exemption from the Renewable Fuel Standard’s Requirements in 2017 as a Small Refiner Suffering Disproportionate Economic Hardship under Section 211(o)(9)(B) of the Clean Air Act.
• 02/13/2019 CAA, State of New York (pdf) (2.24 MB)
• 02/22/2019 CAA, Gasp, Louisiana Bucket Brigade, PennFuture, Sierra Club (pdf) (677.85 KB)
  Failure to perform mandatory duty to review and revise as necessary the 2003 MACT standards for Coke Ovens: Pushing, Quenching, and Battery Stacks (Subpart CCCCC) and the 2005 MACT standards for Coke Oven Batteries (Subpart L)
• 03/08/2019 CAA, Sierra Club, Center for Biological Diversity (pdf) (921.93 KB)
  Failure to determine which moderate ozone nonattainment areas met the 2008 ozone NAAQS by the July 20, 2018 attainment deadline and reclassify (“bump up”) areas that failed to attain by the attainment deadline
• 03/13/2019 CAA, Center for Biological Diversity and the Center for Environmental Health (pdf) (245.59 KB)
  Failure to promulgate a FIP that addresses Yolo-Solano Air Quality Management District’s NSR requirements for 2006 PM2.5 NAAQS nonattainment areas and impose sanctions on the District for failing to submit the required NSR SIP revisions; failure to take final action on the 2012 PM2.5 SIP revisions for the Plumas County, California moderate nonattainment area; and failure to take final action on fifty-one SIP revisions for the 2008 8-hour Ozone NAAQS for the Phoenix-Mesa, Arizona nonattainment ar
• 03/14/2019 CWA, Environmental Law and Policy Center (pdf) (448.38 KB)
  Mandatory duty claim alleging that EPA has exceeded its statutory deadline to approve or disapprove Indiana's 2018 303(d) list.
• 04/01/2019 CWA 311, ALERT of Earth Island Institute, Cook Inletkeeper, alaska Community Action on Toxics, Kindra Arnesen, Rosemary Ahtuangaruak (pdf) (1.5 MB)
  ALERT (Earth Island Institute), Cook Intletkeeper, Alaska Community Action on Toxics, Kindra Arnesen and Rosemary Ahtuangaruak intend to sue the EPA for alleged failure to to perform an nondiscretionary duty under the FWPCA and CWA. The claim is that EPA failed to update the National Contingency plan (NCP) in response to significant advances in understanding of the risks and effectiveness of chemical dispersants.
• 04/19/2019 TSCA, Vermont Public Interest Research Group, Safer Chemicals Healthy Families, Lauren Atkins, and Wendy Hartley (pdf) (231.19 KB)
  Four petitioners submitted a petition for review of EPA's final rule regulating methylene chloride in consumer paint and coating removal (84 FR 11420; March 29, 2019) under TSCA section 19(a)(1)(A) on April 19, 2019.
• 04/22/2019 TSCA, Labor Council for Latin American Advancement, Natural Resources Defense Council (pdf) (944.92 KB)
  Two petitioners submitted a petition for review of EPA's final rule regulating methylene chloride in consumer paint and coating removal (84 FR 11420; March 29, 2019) under TSCA section 19(a)(1)(A) on April 18, 2019.
• 05/03/2019 CWA, Center for a Sustainable Coast (pdf) (3.44 MB)
  EPA's alleged failure to perform its nondiscretionary duty of monitoring Sea Island Acquisition, LLC's actions under the CWA Section 404 Permit and corresponding Section 401 Certification related to construction projects on or near the spit on Sea Island
• 05/08/2019 CAA, Center for Biological Diversity; Center for Environmental Health (pdf) (1.36 MB)
  For failure to promulgate a Federal Implementation Plan that addresses the deficiencies with the permitting rules for Northern Sonoma County Air Pollution Control District
• 05/20/2019 CWA, Northwest Environmental Advocates (pdf) (248.79 KB)
  Alleging EPA failure to perform non-discretionary duties under CWA 303(d) with respect to Washington TMDLs
• 05/29/2019 CWA, Northwest Environmental Advocates (pdf) (725.23 KB)
  Alleging mandatory duty to issue TMDLs for particular impairments (Budd Inlet and Capitol Lake) based on constructive submission by Washington Department of Ecology
• 06/06/2019 CAA, Center for Biological Diversity; Center for Environmental Health (pdf) (107.76 KB)
  Failure to take final action on five elements of the nonattainment State Implementation Plan for the 2008 8-hour Ozone national ambient air quality standard (NAAQS) for the Ventura County, California serious nonattainment area.
• 06/17/2019 CAA, Center for Community Action and Environmental Justice; Sierra Club; Climate Change Law Foundation (pdf) (318.27 KB)
  Alleged EPA's failure to act on a SIP for the South Coast nonattainment area addressing the 2008 ozone NAQQS and providing an update for the 1997 ozone NAAQS
• 06/18/2019 CWA, Northwest Environmental Advocates (pdf) (908.75 KB)
  Alleged constructive submission of no list from Washington State
• 06/25/2019 CAA, Ergon-West Virginia, Inc. (pdf) (137.84 KB)
  Failure to act on Ergon-West Virginia's petitions for a small refinery hardship exemption from the Renewable Fuel Standard for the 2016, 2017, and 2018 compliance years
• 07/03/2019 CWA, Animal Legal Defense Fund, Center for Biological Diversity, Environment America, Food & Water Watch, Waterkeeper Alliance and Waterkeepers Chesapeake (pdf) (3.96 MB)
  EIP and Earthjustice, on behalf of the Parties, intends to sue the EPA for alleged failure to perform nondiscretionary duties required by the CWA 304(b) and (g).
• 07/02/2019 CWA, Amigos Bravos (pdf) (1.11 MB)
  Amigos Bravos intends to sue the EPA for allegations of violating its mandatory duty to issue a final determination on Amigos Bravos' petition for a determination that storm water discharges in Los Alamos County contribiute to water quality Standards violations and require a CWA permit.
• 07/10/2019 CAA, Sierra Club (pdf) (1.37 MB)
  Alleging failure to perform a nondiscretionary duty to make findings of failure to submit Good Neighbor SIPs for the 2015 ozone NAAQS.
• 07/16/2019 CAA, Kern Oil & Refining Co (pdf) (860.81 KB)
  Alleging failure to perform the non-discretionary duty to approve or disapprove Kern Oil & Refining Co.'s petition for an exemption from the renewable fuel standard's requirements in 2018 as a small refiner suffering disproportionate economic hardship
• 07/26/2019 ESA, Center for Biological Diversity (pdf) (2.47 MB)
  Center for Biological Diversity intends to sue the EPA for alleged violations of Section 7(a)(2) of the ESA for failing to consult with the FWS in order to ensure that exemption fo portions of the Dollie Sands Member of the Pismo Formation in the Arroyo Grande Oilfield from the protection of the SDWA does not jeopardize the continued exesitence of threatened or endanagered species.
• 08/07/2019 CAA, State of New York, State of Connecticut, and State of New Jersey (pdf) (1.74 MB)
  Failure to issue determinations of failure to submit state implementation plans that comply with the "Good Neighbor" provision of the CAA with respect to the 2015 ozone NAAQS
• 08/20/2019 CAA, Sierra Club (pdf) (238.77 KB)
  For failure to issue a finding of failure to submit a nonattainment state implementation plan under the 2015 national ambient air quality standard for sulfur dioxide
• 08/22/2019 CAA, Clean, Healthy, Educated, Safe and Sustainable Community, Inc. (pdf) (674.12 KB)
  For failure to grant or deny petition to object to two Title V air permits issued to Kemira Chemicals, Inc. by the Alabama Department of Environmental Management
• 08/29/2019 CAA, Our Children’s Earth Foundation (pdf) (689.95 KB)
  For failure to review and revise certain NESHAPs and NSPS every eight years (Amy Branning, Stacey Garfinkle, and Derek Mills)
• 09/10/2019, TSCA, Earthjustice (pdf) (12.56 MB)
  Notice of intent to sue for EPA's alleged failures to comply with TSCA's nondiscretionary mandates to disclose to the public information about new chemical substances reviewed by EPA
• 11/05/2019 CWA, Center for Biological Diversity (pdf) (827.35 KB)
  Alleged failure by EPA to identify Hawaiian coastal waters as impaired by plastic pollution.
• 10/30/2019, CAA, Center for Environmental Health and the Center for Biological Diversity (pdf) (1.03 MB)
  Failure to make findings of failure to submit and failure to take final action to determine which ozone nonattainment areas or ozone transport region ("OTR") areas have failed to submit Oil and Natural Gas Control Technology Guidelines ("CTG") Reasonably Available Control Technology ("RACT'') provisions
• 11/14/2019 CAA, Our Children's Earth Foundation (pdf) (480.48 KB)
  Failure to act on SIP submissions from California
• 12/06/2019, CAA, Center for Biological Diversity and the Center for Environmental Health (pdf) (1.66 MB)
  For failure to take final action on State Implementation Plans and promulgate a Federal Implementation Plan addressing ozone for a number of areas in California.
• 12/06/2019, CAA, Downwinders at Risk, Appalachian Mountain Club, Sierra Club, Texas Environmental Justice Advocacy Services, Air Alliance Houston, and Clean Wisconsin (pdf) (831.07 KB)
  For failure to issue within the two-year deadline a federal implementation plan that eliminates eastern upwind states' significant contributions to downwind states' nonattainment and interference with maintenance of the 2008 ozone standard.
• 12/13/2019, CAA, Our Children's Earth Foundation (pdf) (1.43 MB)
  Failure to act on SIP submissions submitted by the State of California
• 12/19/2019, CAA, Center for Environmental Health and the Center for Biological Diversity (pdf) (508.05 KB)
  For failure to take final action on State Implementation Plan (“SIP”) submittals addressing Reasonably Available Control Technology (“RACT”) per the 2016 Oil and Natural Gas Control Techniques Guidelines (“CTG”).