Document zzbX8O9wLdBZEe8my6z24ZwJm

RECEIVED 4 AUG 03'85 Route:. Roy T. Gottesman Executive Director Copy: August 1, 1985 To: Vinyl Institute Legal Committee Vinyl Institute Manufacturing Practices Committee Subject: Natural Resources Defense Council v. EPA Attached is Peter de la Cruz's letter of July 30 and a copy of the brief filed by NRDC in the subject action. Please provide any comments you have, particularly as they relate to any additional changes and/or revisions to the draft Vinyl Institute brief circulated to you earlier, directly to Peter so they can be incorporated into the final version now due in mid-August. RTG:g Enc, cc: Meredith Scheck ( w. enc.) Peter de la Cruz (w/o enc.) R Gottesman ADMsionot THE SOCIETY OF THE PLASTICS INDUSTRY, INC. 355 LEXINGTON AVENUE NEW YORK. NY. 10017 (212) 503-0652 UEU-170655 JOKM C. KCLLC* JWOMI H. HftCKMAM CAAMpU M. MCCHAM WI^VIAM H. iQMHllANk U*. MAlCSVN O. MACANTMUA ***** V. SLACK MA4TTIM W. CftCQVtCI JOHN S. iUlW CAMQiC C. HAMMS MtCHACLX. MOMQMC UIWY S. IQM3MOM JOHN S OUiCCH ctca l. it c* cmii CMMtTINCA. MCASHCM BMIftLCV S. riM<HOTO LAWNCNCC A. HALMW 4 HASH POX CVCMS MALMU A. SHMOMt C. DOUSLAS JAMMCTT IOMUK) U AOPWCK MCTCM A SUSSCM SMClLA A. M'LAAN XUSSCU.H. POX CSC M. WNCM teens mnsev Mccutn SUSAN T. COMTt SUSAN J, SCUM MAM e. NAVCS DSnen A. BLOOM SANOHAU.M DKNNIS xennSTH a. smoo. js LAW OFTICES Keller and Heckman li&O 17T" STREET. N.W. SUITE lOOO WASHINGTON. D.C. 80036 (808) 4ST-HOO 1 X .* RECEIVED . JUL :l1985 rcLSX OR. R.T. GOTTESMAH BBSS' tclccopAm (SOS> CABLC AOO*CSS _KLMAM~ MATTCX'S omccr DIAL I (202) 457-1116 July 30, 1985 FEDERAL EXPRESS Roy T. Gottesman, Ph.D. The Society of the Plastics Industry, Inc. 355 Lexington Avenue New York, New York 10017 Res Natural Resources Defense Council v. EPA Dear Roy: Enclosed is a brief filed by the Environmental Protection Agency (EPA) in the Natural Resources Defense Council*s (NRDC) challenge to EPA*s withdrawal of the 1977 proposals to amend the vinyl chloride standard. We were delighted to find that EPA accepted our suggestion and adopted as its first argument the position that NRDC has no basis for bringing this action because it did not participate in the rulemaking and the arguments that NRDC raises here were not made by any commenter during the EPA proceeding. After opening with this procedural argument, EPA argues that the Agency may consider feasibility in promulgating emission standards under Section 112 of the Clean Air Act. The EPA brief closes by arguing that even if EPA may not consider feasibility, because the 1976 standard is presumptively valid, withdrawal of the 1977 proposal would, at worst, constitute a "harmless error" and, thus, it would be inappropriate for the court to grant NRDC's petition. We would appreciate any comments you or members of the Vinyl Institute might have on the EPA brief. In particular, we would be interested whether reading the EPA brief suggests additional changes or revisions to the draft Vinyl Institute brief circulated in early July. VEV-l70656 Roy T. Gottesroan, Ph.D. July 29, 1985 Page Two Keller and Heckman I look forward to receiving your comments. Cordially yours, Peter L. de la Cruz Enclosure cc: Charles E. O'Connell (w/ enc.) Thomas J. McGrath (w/o enc*) VJEU-170657