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Did You Know... Air Quality Letter Fourth Quarter 2013 Issue


Did You Know ...

  • President Obama has nominated Janet McCabe, a former Hoosier, to become Assistant Administrator of EPA’s Office of Air and Radiation. McCabe has been serving as Acting Assistant Administrator since last summer. Prior to joining EPA in 2009, Ms. McCabe was Executive Director of Improving Kids’ Environment, Inc., a children’s environmental health advocacy organization based in Indianapolis, Indiana.

    From 1993 to 2005, Ms. McCabe held several leadership positions in the Indiana Department of Environmental Management’s Office of Air Quality, serving as Assistant Commissioner from 1998 to 2005. After graduating from Harvard College and Harvard Law School and before coming to Indiana, Ms. McCabe served as Assistant Attorney General for Environmental Protection for the Commonwealth of Massachusetts and Assistant Secretary for Environmental Impact Review, overseeing environmental impact reviews of major public and private projects.

  • EPA Administrator Gina McCarthy announced on Jan. 14, 2013, that President Obama has named Heather McTeer as Regional Administrator for EPA Region 4 which includes Kentucky. McTeer joins EPA from Mississippi Valley State University where she served as the Executive Director of the Center for Excellence in Student Learning. She also is the Principal Attorney at Heather McTeer, PLLC.
  • The deadline for EPA to respond to a petition by environmental interest groups seeking elimination of “upset” emission exemptions from state implementation plans (SIPs) has been extended one additional month from May 15, 2014, to June 12, 2014, pursuant to a settlement agreement modification. EPA purportedly needed the extension due to the “lapse in appropriations” in October that shut down the agency. See the first quarter 2013 issue of the Air Quality Letter for more details regarding EPA’s February 2013 proposed finding that the SIPs of 36 states, including Kentucky and Indiana, are inadequate to meet the requirements of the Clean Air Act as a result of such exemptions.
  • By Order entered Dec. 6, 2013, Kentucky and six other states have been granted the right to intervene in the litigation Sierra Club et al. v. EPA, Case No. 4:13-cv-03953 (N.D. Cal.). In that case, environmental interest groups challenge EPA’s decision to delay designations under the 2010 1-hour sulfur dioxide National Ambient Air Quality Standard (NAAQS). As reported in previous issues of the Air Quality Letter, to date, EPA has designated only 29 areas of the country under the standard. EPA has not disputed that its delay violates Clean Air Act requirements and the only issue in the litigation is appropriate remedy. The  states sought to intervene on the grounds that “there could be great regulatory disruption and economic uncertainty […] if EPA and Plaintiffs, in their efforts to resolve the pending lawsuit in this court – peremptorily and without benefit of prior notice-and-comment rulemaking, change the ‘rules of the road’ for making NAAQS designations and developing [state implementation plans] for improving air quality in parts of the country that are not designated as ‘attaining’ the 1-hour SO2 NAAQS.”

To view a complete PDF of the Fourth Quarter 2013 issue of the Air Quality Letter, click HERE.

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