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May 20, 

Lisa P. Ja

Administ

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1101A E

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1200 Pen

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BY F

Dear 

This 

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reconside

“Comple

Because 

believe th

Assum

Notice or

to comm

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§ 112(c)(

emission

under § 1

§ 129 for

enumerat

enumerat

§ 112(d)(

EPA has 

when EP

for all the

EPA 

control th

unlawful

for which

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FIRST CLAS

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is a petition 

7)(B). The p

o, California

er certain asp

etion of Requ

this notice i

hat a petition

ming that § 

r provide any

ent on this n

rary to EPA

(6). In partic

ns of the haza

112(d)(2) or 

r the listed ca

tes. Thus m

ted pollutant

(2) or (d)(4) 

set standard

PA sets stand

e listed HAP

has argued i

he § 112(c)(

l and arbitrar

h it now clai

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under Clean

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s not an acti

n for reconsi

307(d) does 

y opportunit

notice. 

’s claim in th

cular, EPA h

ardous air po

(d)(4). Firs

ategories, it 

many of the li

ts, as the Cle

for all the so

ds for only so

dards under §

Ps emitted by

in some indi

6) pollutants

ry and, in an

ims credit un

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he notice, th

has not assur

ollutants enu

t, although E

has not set s

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ome of the s

§ 112(d)(2) o

y the categor

ividual rules 

s or are surro

ny event, EPA

nder § 112(c

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comment on

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standards for

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requires. Se

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ources withi

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ries listed pu

that its stan

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he Act”) § 30

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tition, Sierra

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Act § 307(d

nd submits on

id not propos

n it. Accord

as not comple

rces accounti

§ 112(c)(6) a

some standa

r the pollutan

bject to stand

econd, EPA h

and subcate

in some cate

a category, 

ursuant to §

ndards for oth

hose pollutan

ven make the

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se its Section

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eted its oblig

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are subject t

ards under ei

ants that § 11

dards with re

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112(c)(6). 

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precaution.

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In short, EPA’s claim to have completed its obligations under § 112(c)(6) is unlawful and 

arbitrary. Because this objection is of central relevance and could not have been raised during a 

period for public comment (which did not exist), you must reconsider the notice under Clean Air 

Act § 307(d)(7)(B).