March 13, 2008

BY EMAIL TRANSMISSION

Andrew Steckel (Air-4)

U.S. Environmental Protection Agency Region IX

75 Hawthorne Street,

San Francisco, CA 94105-3901

Email:  steckel.andrew@epa.gov

Re:	ATTENTION DOCKET ID No. EPA-R09-OAR- 2007-1150; “Disapproval of
Plan of Nevada; Clean Air Mercury Rule; Extension of Comment Period,”
73 Fed. Reg. 3900 (Jan. 23, 2008)

Dear Mr. Steckel:  

Environmental Defense Fund requests that the attached document be added
to record for the above referenced matter.  The document is a letter
from Environmental Protection Agency Region IX (EPA) to the Nevada
Division of Environmental Protection (NDEP), in response to NDEP’s
request for an open-ended extension of the comment period in light of
the decision from the D.C. Circuit court vacating the Clean Air Mercury
Rule (CAMR).  As we interpret EPA’s response, you have committed to
reopening the comment period in the event that CAMR is reinstated or
continues in effect, so that comments may be submitted before final
action is taken on this disapproval.  Although we have serious concerns
about the proposed disapproval of Nevada’s Mercury Plan, Environmental
Defense Fund will rely upon EPA’s assurance that should the D.C.
Circuit’s decision be overturned, we will have an opportunity to
submit comments at a later date before a final decision on the
disapproval is made.  We agree with your assessment contained the
attached letter that the proposed disapproval cannot proceed if the
court’s decision becomes final: “If the court's decision becomes
final and the mandate is issued, we would not be able to finalize action
on Nevada's CAMR State Plan.”  Letter from Andrew Steckel, EPA Region
IX to Michael Elges, NDEP (Mar. 7, 2008).

Please advise us if we have misinterpreted the import of the attached
letter so that we may submit comments addressing our concerns with the
proposed action on Nevada’s Mercury Plan.

Sincerely, 

	

Kevin Lynch, J.D. 

Staff Attorney

Environmental Defense Fund

(303) 447-7200

	Vickie Patton, J.D. 

Deputy General Counsel

Environmental Defense Fund

(303) 447-7215





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