Document kmvxdXxBw0RorJErRaqzLrpan

Amt-ncan Petroleum institute 21 Ct L Street, Northwest Washington, D.C 20037 Committee Correspondence Date: January 17, 1983 To: HSRC Benzene Task Force From: Martha Beauchamp Martha Bradford Valerie Ughetta Re: New Benzene Developments Reply to: API recently learned that on December 23, 19S2 the Environmental Defense Fund and the Natural Resources Defense Council filed a Notice of Intent to Sue with Administrator Gorsuch. A copy of the Notice is attached for your review. Vou will note that EOF has added gasoline roarketina to the sources which EPA should regulate. In view of this development a revised agenda will be prepared and distributed at the Task Force meeting on January 25, 1983. We will also be distributina a legal options paper, which will be a major topic of discussion at our meeting. Attachment RECEIVED Conservaiiw Owrttwrt JArf 20 *83 ,AAC "MF si r. /LT ?ir . .' 6R_____ F5U____ DESTROY, CORY TO. RETURN TO:. pprovro JAN 17 1383 GEORGE T. pattc MCI) 000014632 environmental defense fund December 23/ 1982 Anne M. Gorsuch/ Administrator Environmental Protection Agency Washington/ D.C. 20460 Dear Mrs. Gorsuch: Section 304(a)(2) of the Clean Air Act, as Mended (hereinafter "tne 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 end 40 C.F.R. SS 54.2(a) and 54.3(a), the Environmental Defense Fund (EDF) and the Natural Resources Defense council (NRDC) ere hereby providing you with prior notice of intent to file suit to compel you to perform e non-diacretionary duty under Section 112(b) (a) (B) of the Act. The duty which you have failed to perform is to take action on the hazardous pollutant benzene-Withln the time period specified in that Section. On April 14, 1977, EDF petitioned the invironmental Protection Agency (EPA) to edd benzene to the list of hazardous air pollutants regulated under section 112 of the Act. In * Federal Register notice on June 8, 1977, SPA stated: "This notice ados 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 strongly suggest an increased Incidence of leukemia in humans exposed to benzene.* 42 Fed. Reg. 29337. The Administrator subsequently stated, based on *nuaerous occupational studies" and other evidence, that: mod 000014633 1323 18th Street. N.W. Washington. DC 20036 A 20?8331484 OFFICES IN: NEW YORK. NY (National HUttJtuins*). WASHINGTON. DC tWIFIE DENVER, CO EBjenzene exposure is causally related to a number of blood disorders, including leukemia . . . the Administrator has 'made a generic determination that, in view of the existing state of scientific knowledge, prudent public health policy requires that carcinogens be considered for regulatory purposes to pose some finite risk of cancer at any exposure level above zero.1 (44 PR > 5964(a). Because of the widespread use of benzene, benzene emissions in the ambient air have been determined to result in significant human exposure, por these reasons, exposure to benzene emissions aay reasonably be anticipated to result in one or more 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 Administrator concluded that benzene satisfies the definition, of hazardous air pollutant under section 112 of the Clean air Act." 46 Fed. Reg. 116? (January 5, 1981). . -? , pour regulatory proposals have been issued by the Administrator in the wake of the above findings and conclusions. The proposals would set national emission standards for benzene emitted from: (1) maleic anhydride plants, 45 Fed. Reg. 26660 (April 18, 1980); (2) ^tofcylbenzene styrene plants. To ped. Reg. 83448 (December 18, 1980); (3) storage vessels witF"a capacity greater than four cubic meters, 45 *2* 83952 (December 19, 1980); and (4) fugitive emission sources in petroleum refining and chemical manufacturing industries, 46 fed. Reg. 1165 (January 5, 1981). A fifth_draft, proposal, gasoline marketing was sever issued. Section 112 of the Clean Air Act requires standards to be proposed with 180 day of the listing of a pollutant. Prinal standards are to be promulgated IBP 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 clearly a violation of a nondiscretionary duty under Section 112. This -letter is to provids you with prior notice that rdf and OOOl^634 rtCD 0l- NRDC will file a citizens action to compel you to prescribe such standards unless your voluntary compliance is forthcoming with 60 days. Sincerely, Khristine L. Hall Counsel for the Environmental Defense pund P- D'avid Doniger J Counsel for the Natural Resources Defense Council MCD 000014635