Document 7MbrO7LawV4wqZN3zrk92BkqB

U.S. Department of Justice MNS: SLS 90-5-2-3-1679 Washington. D.C. 20SJ0 November 22, 1988 Constance L. Dupre, Clerk United States Court of Appeals United States Courthouse 333 Constitution Avenue, N.W. Washington, D.C. 20001-2866 Re: The Society of the Plastics Industry, Inc, v. EPA. No. 86-1640 Dear Ms. Dupre: Enclosed for filing in the above-captioned case are an original and three copies of EPA's status report. 3179. If you have any questions, I can be reached at 633- Sincerely, Assistant Attorney General Land & Natural Resources Division By: Stephen L. Sfcmueld, Attorney Environmental Defense Section Enclosures cc: Peter L. de la Cruz Robert Brager CTL028093 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT THE SOCIETY OF THE PLASTICS INDUSTRY, INC., THE DOW CHEMICAL COMPANY, GEORGIA GULF CORPORATION and VISTA CHEMICAL COMPANY, Petitioners, V. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and LEE M. THOMAS, Administrator, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No.86-1640 STATUS REPORT Respondents United States Environmental Protection Agency and Lee M. Thomas, Administrator, (*EPA*) submit this status report on the implementation of the Settlement Agreement in the above-captioned case. EPA states as follows: 1. On June 30, 1988, petitioners The Society of the Plastics Industry, Inc., et al. (*SPI") and EPA entered into a Settlement Agreement in which EPA agreed to propose revisions to the national emissions standard for vinyl chloride under section 112 of th* Clean Air Act, 42 U.S.C. 7412. 2. Also on June 30, 1988, EPA and SPI filed a joint motion in this proceeding requesting that the Court stay this action pending further order of the Court, in order to permit implementation of the Settlement Agreement. CTL028094 2 3. On July 18, 1988, the Court entered an order staying further proceedings and directing counsel to ''file status reports of the settlement negotiations at sixty-day intervals.'' Because "settlement negotiations" have already been concluded, the parties interpret the July 18, 1988 order to require status reports on the implementation of the Settlement Agreement. 4. EPA's Office of Air Quality Planning and Standards has taken the following actions pursuant to the Settlement Agreement: a. review of the docket for the final rule revising the vinyl chloride standard, 51 Fed. Reg. 34,904-34,915 (Sept. 30, 1986), which rule is the subject of the present petition for review; b. establishment of a work plan for proposing the revisions to the vinyl chloride standard described in Attachment A to the Settlement Agreement; and c. commencement of the drafting of the rulemaking notice proposing such revisions. Respectfully submitted, ROGER J. MARZULLA Assistant Attorney General Land 6 Natural Resources Division CTL028095 3 'Z4)AU& STJEPHZN L. SAMUELS, Attorney Environmental Defense Section U.S. Department of Justice P.O. BOX 23986 Washington, D.C. 20026-3986 (202) 633-3179 Dated: November 22, 1988 U.S. Environmental Protection Agency 401 M St., S.W. Washington, D.C. 20460 (202) 382-7634 Counsel for EPA CTL028096 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing status report were sent by United States mail, postage prepaid, this 22nd day of November 1988 to the following: Jerome H. Heckman Peter De La Cruz Keller and Heckman 1150 17th Street, N.W. Suite 1000 Washington, D.C. 20036 Gary H. Baise Robert Brager Beveridge & Diamond 1333 New Hampshire Ave., N.W. CTL028097