Request for comment deadline extension - chemical sector proposal

Emma Cheuse to:

Amy Branning, Wendy Blake, Katz, Adam (ENRD), 

Chuck French, Nick Parsons, 

'pepper.tavara@epa.gov'

03/02/2012 03:46 PM

Cc: James Pew

History: This message has been forwarded.

* Confidential & Privileged Settlement Communication *

Dear All,

The deadline for public comment on EPA 's proposed rule for certain chemical 

sector sources, 77 Fed. Reg. 1268 (Dkt. EPA-HQ-OAR-2011-0435), is currently 

next Friday, March 9.

Sierra Club would like to request that the agency extend the public comment 

period by 60 days. Due to other deadlines, key people whom Sierra Club needs 

information and assistance from in order to be able to submit effective 

comments have advised us that they require more time to be able to do so . We 

also believe this extension will assist other concerned citizen groups who 

have not yet been able to review the rule , and have advised us that it is 

unlikely that they will be able to do so effectively before the current 

deadline. Of course, it would equally provide more time to all other members 

of the public who may wish to have more time to comment on this rule .

Aside from the problem with key people being unavailable , this rulemaking 

involves multiple source categories and multiple sub -categories, and many 

different emitted pollutants. Because EPA's proposals for these source 

categories are all combined in this rulemaking , it is particularly 

time-consuming to attempt to divide EPA's analyses for each source category in 

the docket, and find and consider each element of its proposal separately for 

each source category. 

We are aware that EPA has frequently extended public comment deadlines in 

response to requests from industry representatives who wished to comment on 

other RTR rules. We would greatly appreciate your willingness to provide us 

with the additional 60 days that we need to provide meaningful , informed 

comment on this rule proposal.

Because the final rule is not due until November 30, 2012, we do not believe 

that this extension should delay the rule . If the comment deadline were 

extended from March 9 until May 9, that would still provide nearly 7 months 

for EPA to review and respond to comments . For other rules, EPA has found 5 

months to be sufficient time between the comment deadline and the final rule 

deadline.

We have consulted with the appropriate people whose help we need , and an 

extension shorter than 60 days would be helpful, but unlikely to provide 

sufficient time for us to comment effectively . This is in part because some 

of the same people are also working on other EPA rules that have deadlines in 

the meantime. 

Sierra Club would very much like the opportunity to fully evaluate the rule 

proposal and to provide sufficient information and comments that may be 

helpful to EPA as it considers what action to take on this rule proposal .

Thank you very much for your consideration of this request . Please let us 
know if there is a good time for us to discuss this by phone .

We would be grateful for your response as soon as possible .

Best,

Emma Cheuse

__________________________________

Emma Cheuse

Senior Associate Attorney

Earthjustice

1625 Massachusetts Avenue, N.W. Suite 702 Washington, DC 20036-2243

T: 202-745-5220 or 202-667-4500 ext. 5220

F: 202-667-2356

www.earthjustice.org

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