SLF submits formal comments in a blockbuster U.S. Environmental Protection Agency (EPA) rules docket that proposes radical changes to 36 states' State Implementation Rules (SIPs) governing National Ambient Air Quality Standards (NAAQS) under the Clean Air Act:
- EPA has not demonstrated that SIPs used for decades are inadequate - therefore, EPA has no authority to enact new, harsher rules.
- The "sue and settle" maneuver, starting with a seemingly unrelated federal court lawsuit in the Northern District of California filed by Sierra Club and WildEarth Guardians and resulting in new rules docket in Washington, DC designed to cover nearly 80% of the United States, is designed to "fly under the radar" of accepted rulemaking scrutiny.
- For decades, EPA has approved startup, shutdown, and malfunction provisions in SIPs without interruption - until now.
- 36 states are now under threat of new, harsh rules that are without precedent - or justified by proof of violation of existing rules.
- Once again, as with the EPA greenhouse gas emissions (climate change) regulations now before the U.S. Supreme Court, EPA has ignored precedent and grabbed executive/regulatory power beyond that allowed under the Clean Air Act - and without Congressional authorization.