UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

AMERICAN PETROLEUM INSTITUTE ) AND NATIONAL PETROCHEMICAL ) AND REFINERS ASSOCIATION, ) ) Petitioners ) ) Case No. 09-1328 ) ) (consolidated with cases v. ) 09-1325, 09-1326, 09-1329, ) 09-1331, 09-1332, 09-1333, ENVIRONMENTAL PROTECTION ) and 09-1334) AGENCY, ) ) Respondent )

PETITIONERS’ NON-BINDING STATEMENT OF ISSUES TO BE RAISED

Pursuant to this Court’s Order of Ja nuary 8, 2010 in consolidated Case No. 09-1325, Petitioners the American Pe troleum Institute and the National

Petrochemical and Refiners Association hereby submit the following Statement of Issues to be Raised in this proceeding to review the Rule fo r Mandatory Reporting of Greenhouse Gases (the “Rule”) prom ulgated by the U.S. Environmental Protection Agency (“EPA”). See 74 Fed. Reg. 56,260 (Oct. 30, 2009). Case: 09-1325 Document: 1229681 Filed: 02/08/2010 Page: 12 1. Whether EPA exceeded its legisl ative authority in promulgating the Rule under the Clean Air Act, 42 U.S.C . Sections 7414 a nd 7542, and the Consolidated Appropriations Act of 2008. 2. Whether EPA acted arbitrarily and capriciously, in abuse of its discretion, or otherwise not in accordance with law in promulgating the Rule. 3. Whether EPA acted arbitrarily and capriciously, in abuse of its discretion, or otherwise not in accordance with law in: a. Setting a March 31, 2010 deadline in the Rule to discontinue the use of Best Available Monitoring Methods; b. Allowing only a 30-day period after the effective date of the Rule to request an extension of the March 31, 2010 deadline; c. Requiring that annual reports ma ndated by the Rule be submitted by March 31 of each calendar year; d. Establishing the emission factors and high heat values for refinery still gas that are specified in the Rule; e. Setting the requirements under the Rule for calibration; f. Failing to provide alternative co mpliance methods under the Rule for confidential business information; g. Imposing certain requirements in the final Rule that were not proposed in the proposed Rule; Case: 09-1325 Document: 1229681 Filed: 02/08/2010 Page: 23 h. Imposing requirements on industry that will require unscheduled shutdowns of facilities w ithout regard to impacts on the nation’s infrastructure; i. Failing to adequately ta ke into account safety and practical issues in design, engineering, procurement, installation, systems integration, calibration, and training associated with greenhouse gas monitoring devices; and j. Failing to provide a r easonable way to address de minimis sources of greenhouse gases within a facility. This is a preliminary listing of issues that Petitioners may raise. Petitioners reserve the right to modify the list of issu es addressed, as well as to address these and other issues in more detail in future pleadings. Case: 09-1325 Document: 1229681 Filed: 02/08/2010 Page: 34 Dated: February 8, 2010 Respectfully submitted,

_/s/

__________________ Matthew G. Paulson Brian J. Faulkner BAKER BOTTS L.L.P. 98 San Jacinto Blvd. 1500 San Jacinto Center Austin, Texas 78701 (512) 322-2500 Angus Macbeth Roger R. Martella, Jr. Sidley Austin LLP 1501 K Street, N.W. Washington, D.C. 20005 (202) 736-8000 Council for Petitioners the American Petroleum Institute and the National Petrochemical and Refiners Association Case: 09-1325 Document: 1229681 Filed: 02/08/2010 Page: 4AUS01:572703.1 CERTIFICATE OF SERVICE I hereby certify that the foregoing do cument has been filed with the Clerk of Court this 8th day of February 2010 by using the CM/ECF system. In addition, I hereby certify that the foregoing document has been served by United States first-class mail th is 8th day of February 2010 upon each of the following participants or proposed interv enors in the case who are not registered CM/ECF users:

C HRISTOPHER G ENE K ING New York City Law Department 6-143 100 Church Street New York, NY 10007

C RAIG H OLT S EGALL Sierra Club 408 C Street, NE Washington, DC 20002

D AVID G. B OOKBINDER Sierra Club 408 C Street, NE Washington, DC 20002

J OSEPH P. M IKITISH Attorney General’s Office of State of Arizona 1275 West Washington Street Phoenix, AZ 85007-2926 K RISTEN C AMPFIELD F URLAN Pennsylvania Department of Environmental Protection 400 Market Street Rachel Carson State Office Building 9th Floor Harrisburg, PA 17105-8464

S USAN J ANE H EDMAN Office of the Illinois Attorney General 100 West Randolph Street Chicago, IL 60601

V ALERIE M ELISSA S ATTERFIELD Attorney General’s Office of State of Delaware 102 West Water Street Third Floor Dover, DE 19904

___/s/

_____________________________ Matthew G. Paulson Case: 09-1325 Document: 1229681 Filed: 02/08/2010 Page: 5