From: Jean-Cyril Walker

Sent: 8/30/2005 9:47:16 AM

To: Jodi Howard/RTP/USEPA/US@EPA

CC: Richard Krock; Peter de la Cruz; Behr, Douglas

Subject: Vinyl Institute Comments on draft 114 Request 

------------------------------------------------------------------------

--------

Ms. Howard,

On behalf of of our client, the Vinyl Institute, Inc. (“VI”) and its 

members, please find enclosed the specific comments and concern you 

requested on the Agency’s draft letter concerning Requirement to Provide

Information According to Title 42 of the United States Code, Chapter 85,

Subchapter I, Part A, section 7414 (42 U.S.C §7414) (hereinafter, “draft

114 Request”). Although the industry appreciates the opportunity to 

review and comment on the draft 114 Request, complying with the Agency’s

proposed information demands as currently configured simply is 

impossible! 

We also object to the amount of time provided for this review, but have 

nevertheless provided the comments you requested within the specified 

timeframe. In our view there is no sound basis for such haste, and the 

Agency’s actions in imposing this schedule are arbitrary and capricious.

First, there is currently no rulemaking schedule. There is no court 

order requiring EPA to act by a certain date nor is there an agreement 

between the parties on a suitable rulemaking schedule. In addition, VI 

was granted leave by the court to intervene in the related litigation 

specifically because of concerns that EPA would agree to a schedule that

disproportionately harmed its members. As such, VI expects that EPA 

will not give short shrift to its concerns and objections as the current

commenting schedule suggests.

As the enclosed letter indicates, we are requesting that EPA vacate its 

self-imposed deadline for the issuance of the 114 Request and enter into

meaningful negotiations with VI over the proper scope and reach of that 

request. Any other action may leave VI and its members with no other 

choice than to challenge the 114 Request it appears that EPA intends to 

issue.

Please do not hesitate to contact me if you have any questions or 

concerns about the enclosed letter or attachments.

Best regards

JC Walker

-- 

Jean-Cyril Walker

Partner

tel: 202.434.4181 | fax 202.434.4646 | walker@khlaw.com 

1001 G Street, N.W., Suite 500 West | Washington, D.C. 20001

Keller and Heckman LLP

Serving Business through Law and Science®

Washington, D.C. | Brussels | San Francisco | Shanghai

Visit our websites at www.khlaw.com or www.packaginglaw.com for 

additional information on Keller and Heckman

 

________________________________________________ 

P Please consider the environment before printing this email. 

This message and any attachments may be confidential and/or subject to 

the attorney/client privilege, IRS Circular 230 Disclosure or 

otherwise protected from disclosure. 

 

If you are not a designated addressee (or an authorized agent), you have

received this e-mail in error, and any further use by you, including 

review, dissemination, distribution, copying, or disclosure, is strictly

prohibited. If you are not a designated addressee (or an authorized 

agent), we request that you immediately notify us of this error by reply

e-mail and then delete it from your system.