From:  Jean-Cyril Walker <Walker@khlaw.com>  
To:  Jodi Howard/RTP/USEPA/US@EPA  
Cc:  Richard Krock <rkrock@vinylinfo.org>, Peter de la Cruz <Delacruz@khlaw.com>, "Behr, Douglas" <Behr@khlaw.com>  
Date:  07/28/2009 04:24 PM  
Subject:  Vinyl Institute Comments on draft 114 Request 


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Ms. Howard,

On behalf of of our client, the Vinyl Institute, Inc. (“VI”) and its members,  please find enclosed the specific comments and concern you requested on the Agency’s draft letter concerning Requirement to Provide Information According to Title 42 of the United States Code, Chapter 85, Subchapter I, Part A, section 7414 (42 U.S.C §7414) (hereinafter, “draft 114 Request”).  Although the industry appreciates the opportunity to review and comment on the draft 114 Request, complying with the Agency’s proposed information demands as currently configured simply is impossible!  

We also object to the amount of time provided for this review, but have nevertheless provided the comments you requested within the specified timeframe.  In our view there is no sound basis for such haste, and the Agency’s actions in imposing this schedule are arbitrary and capricious.  First, there is currently no rulemaking schedule.  There is no court order requiring EPA to act by a certain date nor is there an agreement between the parties on a suitable rulemaking schedule.  In addition, VI was granted leave by the court to intervene in the related litigation specifically because of concerns that EPA would agree to a schedule that disproportionately harmed its members.  As such, VI expects that EPA will not give short shrift to its concerns and objections as the current commenting schedule suggests.

As the enclosed letter indicates, we are requesting that EPA vacate its self-imposed deadline for the issuance of the 114 Request and enter into meaningful negotiations with VI over the proper scope and reach of that request.  Any other action may leave VI and its members with no other choice than to challenge the 114 Request it appears that EPA intends to issue.

Please do not hesitate to contact me if you have any questions or concerns about the enclosed letter or attachments.

Best regards

JC Walker
-- 
Jean-Cyril Walker
Partner
tel: 202.434.4181  |  fax 202.434.4646  |  walker@khlaw.com 
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