Document g2GKD4QQO8LkY7kOry1r1Xd89

RETURN TO: >6V t*r** fi- Z. I. du Pont de Nemours & Company IWCQWFOKATCO Wilmington. Delaware 19898 cc: F. R. Gschweng, F&FP, B-52H H. L. Rees, Legal, Waehingt< Air Pollution Control En< rs LEGAL DEPARTMENT RECEIVED FEB 0 3 !?S-` MANUFACTURING ENVIRONMENTAL COMMITTEE CLEAN AIR ACT - ENVIRONMENTALISTS' CITIZEN SUIT TO FORCE REGULATION OF BENZENE UNDER SECTION 112 The EDF and NRDC have served notice upon EPA that if the Agency does not promulgate four proposed emission standards for benzene and does not propose a fifth standard, they will initiate a citizens' suit to compel the Agency to take such action. In 1977 EPA added benzene to the list of hazardous air pollutants under Section 112 of the Clean Air Act; In 1980 and 1981, the Agency proposed four separate emission standards for benzene emitted from: 1. maleic anhydride plants; 2. ethylbenzene styrene plants; 3. storage vessels with a capacity greater than- four cubic meters; and 4. fugitive emission sources in petroleum refining and chemical manufacturing industries. None of these has ever been promulgated. Nor has EPA proposed a standard for emissions from gasoline marketing. These groups are threatening to initiate a citizens' suit unless EPA takes action within 60 days, as prescribed in the Clean Air Act Citizen Suit provisions (Section 304). We have heard informally that EPA intends to promulgate the four final benzene regulations around the end of February 1983, but we have not heard when EPA in tends to propose the standard for benzene emissions from gasoline marketing. A copy of EDF's and NRDC's letter is attached for your information. DTM:scl Att. DAVID T. MODI SAL 000019950 ENVIRONM ENTAL DEFENSE FUND December 23, 1982 Ann# M* Gorsuch, Administrator Environmental protection Agency Washington, D.C. 20480 r Dear Mrs. Corsuch: Section 304(e)(2) of the Clean Air Act, as amended (hereinafter "the Act*) authorizes citizens to commence civil actions * against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator. * Section 304(b)(2) provides that citizens actions may not be commenced "prior to 60 days after the plaintiff has given notice of such action to the Administration** Pursuant to, and in accordance with. Section 304(b)(2) of the Act and 40 C.F.R. SS 54.2(a) and 54.3(a), the Environmental Defense Fund (ESF) and the Natural Resources Defense Council (N3DC) are hereby providing you with prior notice of intent to file suit to compel you to perform a non-discretionary duty under Section 112(b) (a)(8) of the Act. The duty which you have failed to perform is to take action on the hazardous pollutant benzene within the time period specified in that Section* On April 14, 1977, EDP petitioned the Environmental Protection Agency- (spa) to add benzene to the list of hazardous air pollutants regulated under Section 112 of the Act* In a Federal Register notice on June 8, 1977, EPX stated; "This notice adds benzene to the list of pollutants determined to be hazardous as defined under Section 112 of the Clean Air Act, as amended. It is based on scientific reports which s'trongly suggest en increased incidence of leukemia in humans ezposed to benzene.* 42 Fed. Reg. 29337. The Administrator subsequently stated, based on "numerous* occupational studies* end other evidence, that; SAL OOOC19951 "(B]enzene exposure Is causally rslated to a number of blood disorders,* including leukeSla . . . the' Administrator has 'made a ganaric determination that, In view of tha azisting stata of sciantific knowledge, prudent public health policy requires that carcinogens be considered for regulatory purposes to pose soaa finite risk of cancer at any exposure level above zero.r (44 pa 58646). Because of the widespread use of benzene, benzene eaissions in the aabient air have been determined to result in significant human exposure, por these reasons, exposure to benzene emissions may reasonably be anticipated to result in one or aore serious effects that can be expected to lead to an increase in mortality or an increase in serious, irreversible or incapacitating, reversible illness. Therefore, the Adainistrator concluded that benzene satisfies the definition of hazardous air pollutant under Section 112 of the Clean air Act*" -46 pad. Reg. 11ST (January 5, 1981). pour regulatory proposals have been issued by the Adainistrator in the wake of the above findings and conclusions. The proposals would set national emission standards for benzene emitted from: (1) aaleie anhydride plants, 45 fed. Reg. 2666Q (April 18, 1980); (2> ehtylbenzen# styrene plants, jo Fed. Reg. 83448 (December 18r 19803; (3} storage vessels witTT capacity greater than foor cubic meters,. 45 ped. Reg. 83952 (December 19, 1980); and (4) fugitive emission sources in petroleum refining and cheadLcal manufacturing industries, 46 ped. Reg. 1165 (January 5, 1981). A fifth draft proposal, gasoline mlrxeting was never issued. Section 112 of the Clean Air Act requires standards to be proposed with 180 days of the listing of a pollutant* Final standards are to he promulgated 180 days after the proposed standards are published. EPA's failure to propose, a standard for gasoline marketing and. to promulgate final standards for the other four categories is elearly a violation of a nondiscretionary duty under section 112. This '-letter is to provide you with prior notice that. ESP and SAL 000C19952 BBSC will file a citizens action to compel you to prescribe such standards unless your voluntary compliance is forthcoming with 6 D-days-. Sincerely, Xhristine L. Ball Counsel for the Environmental Defense fund dSv? Donigr----------- / Counsel for the Natural Besources Defense Council SAL 000019953