Document 1QR8eOzKx6qaX1nzqq8woBG5a

Message From: Sent: To: CC: Subject: Bennett, Tate [/0=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=1FA92542F7CA4D01973B18B2F11B9141-BENNETT, EL] 6/6/2017 6:57:15 PM Jeffrey Mateer [jeffmateer@gmail.com]; Adam Piper [apiper@ruleoflawdefensefund.org]; Marc Rylander [marcrylander@gmail.com]; Michael Toth [michaelctoth@gmail.com] Brantley Starr [brantleystarr@yahoo.com]; Konkus, John [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=555471b2baa6419e8el41696f4577062-Konkus, Joh] RE: For Legal Review: Ozone Letter & Press Release - OUT TODAY Awesome! Not sure we can add to our release but we are compiling and pushing out to stakeholders a list of all statements if you send them my way. Still TBD on timing so stand by. From: Jeffrey Mateer [mailto:jeffmateer@gmail.com] Sent: Tuesday, June 6, 2017 1:42 PM To: Adam Piper <apiper@ruleoflawdefensefund.org>; Marc Rylander <marcrylander@gmail.com>; Michael Toth <michaelctoth@gmail.com> Cc: Bennett, Tate <Bennett.Tate@epa.gov>; Brantley Starr <brantleystarr@yahoo.com> Subject: Re: For Legal Review: Ozone Letter & Press Release - OUT TODAY Thanks, Adam. We are planning on issuing statement. I'm connecting you all with Mike Toth and Marc Rylander (our press guy), who will be working on it. Sent from my iPhone On Jun 6, 2017, at 12:25 PM, Adam Piper <apiper@ruleQflawdefensefund.org> wrote: JeffAttached is the EPA draft release...it is embargoed until later today. Let me or Tate Bennett at the EPA know if AG Paxton is likely to put out a statement on it. Thanks, Adam Get Outlook for OS From: Bennett, Tate <betuiett.tate@ep3.gov> Sent: Tuesday, June 6, 2017 1:17 PM Subject: FW: For Legal Review: Ozone Letter & Press Release - OUT TODAY To: Adam Piper <apiper@ruleoflawdefensefund.ora>, Hi Adam ! Below is a DRAFT release you can share carefully. It's subject to change, but will give folks an idea. Can you cc me when you send it to Wl/ TX/etc.? From: Bowman, Liz Sent: Tuesday, June 6, 2017 12:59 PM Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00078456-00001 To: Schwab, Justin <schwab.justin@epa.giov> Cc: Fotouhi, David < fotouhi.d3vid@ep3.gov>; Bennett, Tate <Bennett.Tate@epa.gov> ; Lyons, Troy <iyons.trov@ep3.gov>; Gunasekara, Mandy <Gunasekar3.Mandy@epa.gov> Subject: RE: For Legal Review: Ozone Letter & Press Release - OUT TODAY Attached, please find the updated draft press release and the updated letter (draft of press release with edits is below), which attempt to incorporate the legal edits you sent me into both, (copied and pasted below for reference). I did not change anything per their comments on the third paragraph [1] b/c an overstatement doesn't mean factually inaccurate, and it's Mandy's language that she discussed with Ryan. Therefore, I don't really feel like I can/should change it if it isn't factually inaccurate. I am copying Mandy on this email chain for her awareness... Can you please either send these to the person that needs to review them or let me know who I need to send them to, in order to get both the letter and the press release signed off on by legal? Thank you ! - Liz EPA TO EXTEND DEADLINE FOR 2015 OZONE NAAQS AREA DESIGNATIONS "We share the goal of clean air, a robust economy and stronger, healthier communities." - Administrator Pruitt WASHINGTON - U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to governors today to inform them of EPA's efforts related to the National Ambient Air Quality Standards (NAAQS) for ozone promulgated in October 2015. EPA is extending the deadline for promulgating initial area designations, by one year, for the 2015 ozone NAAQS. "States have made tremendous progress and significant investment cleaning up the air. We will continue to work with states to ensure they are on a path to compliance," said Administrator Scott Pruitt. The National Ambient Air Quality Standard (NAAQS) for ground-level ozone is an outdoor air regulation under the Clean Air Act. As part of the process to determine what areas of the country are able to meet the current air quality standards, states are currently submitting their proposals for area designations under the 70 parts per billion (ppb) standard, which was lowed from 75 ppb in 2015. Areas designated as being in "nonattainment" of the standard face serious consequences, including: increased regulatory burdens, stiff federal penalties, lost highway dollars, restrictions on infrastructure investment, and increased costs to businesses. EPA is giving states more time to develop air quality plans and EPA is looking at providing greater flexibility to states as they develop their plans. And, pursuant to the language in the recentlyenacted FY2017 Omnibus funding bill, Administrator Pruitt is establishing an Ozone Cooperative Compliance Task Force to develop additional flexibilities for states to comply with the ozone standard. Additionally, the Agency is taking time to better understand some lingering, complicated issues so that air attainment decisions can be based on the latest and greatest information. This additional time will also provide the agency time to review the 2015 ozone NAAQS, prior to taking this initial implementation step. Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00078456-00002 Although the new ozone standard was set on October 1, 2015, there remains a host of complex issues that could undermine associated compliance efforts by states and localities. As part of the review process, the Agency is evaluating these issues, primarily focused on: Fully understanding the role of background ozone levels; Appropriately accounting for international transport, timely consideration of exceptional events demonstrations; and, Assessing methods to review effects associated with implementing the new standard. "We share the goal of clean air, a robust economy and stronger, healthier communities. We are committed to working with states and local officials to effectively implement the ozone standard in a manner that is supportive of air quality improvement efforts without interfering with local decisions or impeding economic growth," said Administrator Pruitt. Since 1980, total emissions of the six principal air pollutants have dropped by 63 percent and ozone levels have declined by 33 percent. Despite the continued improvement of air quality, costs associated with compliance of the ozone NAAQ.S have significantly increased. ### Here are ARLO's views on the press release (and their request to review the letter): twwpJcrdfalass"siss[[[[woneu1234utuaotnosroarroios]]]]ocnntsmbyontoluntiuokhtlvdcjTTTTr.sfnliaderelniitieifnedgehhhhnrciinadtcAmsqfm-oshctleeeerggtieiiy"uindnioTssao.tndpntffsetas.oignrkhhnriieeldignetffWreesxiifresnecNatssfcnirpcmoatlhretdthtcdehiogorehlarfokrteawesosrpnmtsipptnpet,rleenobalvaoliaeea,oantsrsimeietmtironteinnruhrdttna"itrnafaefqcaeroheiTgmgltaWtrggegnnlunlehnvihaerhutrscrgxefieda.atiiws.aidatheesheeiptstespgpibhewri,ashteehntouihahr"iifIamnntglglenccafhsisetwtags:(ahtttretataeegiyiuwanhatwwynsnoiitiaey,rdtlenhnsiscnelelraistvwtcenemhs"t-aftyrnf.rwihthoterhnlneosam"eteAeeefuevdiithavAntnunxlscareiaasmelefdatdetntnhireyurrshbsdgtaweedtddiedhtthiicrdaidniumiar,ptlvdantnrsiiiroorriaiedcethtt"edegeoifyttfrdeaoegoAhn)naasttbaenres,tunhethbtsgsReosean,saalaaeuTrinnpapdotaLnglabtiselrt'crannnlltdptnouOtsiuoeete.raiadshiatrstcmnittwtomcItynststekhilieofecihn)teyfnessioarbrduyfr,enwcsseraawuicarsotbgreulafadhssiroorneueuingstetdeeatAlunataometicglhcnebssmflntsresteidnueaeepeceehtosssselayedtssieicieoaattltunot,tidohrsoettelnccadrgniomswannesittsgwioe.tfahosetsiisvaodtpit,anibfatwhtniniedsiehfrrsotielneolvtee"vseteefconwtcsnteerceosatstpswluaadsoeolaeheuuuotgmtbreenataaidbsmcwtpgehormunanteajeaoanienesdteiitavabnlstlcniiicsnnatlietrnlsocpyotltorytiyeyocseop"efnmluqtuqoesftulntmoastaruhalsthguenalaaerttneaedatgeekee"selgfhsslltnniecrneaeifeiiN..di.trfosecni""tnaayh.neom"tesAmtgsspNararr,Wpot,oWopsoAltp"ylelbhfridroafalaeeoeetQoeeteeusndgddvhuwvtttcaSsveaaeeleeo,hahereonnse,s"rnaepabsissiurctnasenggalisosuthnylteoac-drehndvsmatoyatmntowapaeitueEtrebdecytcrleewafaaiseassuPatevfol"rayuitnrlleloAaaobinleydayrd;ceourtdneger,etwetislifltlostahwtdsmytlooatttsllaoheecaslhoeaeytbeacrraretshlwilfeinerosstgwtfseistosootmshkihh(,a.eoscifawrerstpuifietiaraolaolseydtnryutetoesd From: Schwab, Justin Sent: Tuesday, June 6, 2017 9:53 AM To: Bowman, Liz <Bowman.Liz@epa.gov> Cc: Fotouhi, David <fotouhi.d3 vid@ep3 .gov>; Bennett, Tate <Bennett.Tate@epa.gov> ; Lyons, Troy <iyons.trov@ep3.gov> Subject: Re: For Legal Review: Ozone Letter & Press Release - OUT TODAY Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00078456-00003 As far as I can remember I have not been shown the letter. Sent from my iPhone On Jun 6, 2017, at 9:51 AM, Bowman, Liz <Bowman,Liz@epa.gov> wrote: Ryan and Mandy both approved this language, it's directly from the letter. Have you all read the letter? From: Schwab, Justin Sent: Tuesday, June 6, 2017 9:34 AM To: Bowman, Liz <Bowman.Liz@ epa.gov> Cc: Fotouhi, David <fotouhi.d3vid@epa.gov>; Bennett, Tate <Bennetf.Tate@epa.gov>; Lyons, Troy <lyons.froy@epa.gov> Subject: Re: For Legal Review: Ozone Letter & Press Release - OUT TODAY Not sure the part about consequences for nonattainment is strictly correct. Will run this by the specialists in OGC Sent from my iPhone On Jun 6, 2017, at 9:23 AM, Bowman, Liz <Bowman.Liz(a)epa.gov> wrote: Can you all take a look at the press release below, with regard to the Ozone letters being sent today? Please let me know if you have any legal edits. We would like to get this out asap. Thank you - Liz EPA TO EXTEND DEADLINE FOR 2015 OZONE NAAQS AREA DESIGNATIONS "We share the goal of clean air, a robust economy and stronger, healthier communities." Administrator Pruitt WASHINGTON - U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to governors today to inform them of EPA's efforts related to the National Ambient Air Quality Standards (NAAQS) for ozone promulgated in October 2015. EPA is extending the deadline for promulgating initial area designations, by one year, for the 2015 ozone NAAQS. "States have made tremendous progress and significant investment cleaning up the air. We will continue to work with states to ensure they are on a path to compliance," said Administrator Scott Pruitt. The National Ambient Air Quality Standard (NAAQS) for ground-level ozone is an outdoor air regulation Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00078456-00004 under the Clean Air Act. As part of the process to determine what areas of the country are able to meet the current air quality standards, states are currently submitting their proposals for area designations under the 70 parts per billion (ppb) standard, which was lowed from 75 ppb in 2015. Areas designated as being in "nonattainment" of the standard face serious consequences, including: increased regulatory burdens, stiff federal penalties, lost highway dollars, restrictions on infrastructure investment, and increased costs to businesses. EPA is granting states more time and flexibility to develop air attainment plans. And, pursuant to the language in the recently-enacted FY2017 Omnibus funding bill, Administrator Pruitt is establishing an Ozone Cooperative Compliance Task Force to develop additional flexibilities for states to comply with the ozone standard. Additionally, the Agency is taking time to better understand some lingering, complicated issues so that air attainment decisions can be based on the latest and greatest information. This additional time will also provide the agency time to complete its review of the 2015 ozone NAAQS, prior to taking this initial implementation step. Although the new ozone standard was set on October 1, 2015, there remains a host of complex issues that could undermine associated compliance efforts by states and localities. As part of the review process, the Agency is evaluating these issues, primarily focused on: Fully understanding the role of background ozone levels; Appropriately accounting for international transport, timely consideration of exceptional events demonstrations; and, Assessing methods to weigh any adverse effects associated with implementing the new standard. "We share the goal of clean air, a robust economy and stronger, healthier communities. We are committed to working with states and local officials to effectively implement the ozone standard in a manner that is supportive of air quality improvement efforts without interfering with local decisions or impeding economic growth," said Administrator Pruitt. Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00078456-00005 Since 1980, total emissions of the six principal air pollutants have dropped by 63 percent and ozone levels have declined by 33 percent. Despite the continued improvement of air quality, costs associated with compliance of the ozone NAAQS have significantly increased. <2017-06-05 DRAFT Release re Ozone Letter.docx> Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00078456-00006