Rehearing petition filed in South Coast II

Yesterday, EPA filed a petition for rehearing on portions of the D.C. Circuit Court’s February 16, 2018, decision in South Coast Air Quality Management District v. EPA.  The filing is attached.

EPA seeks rehearing on the following:

  • The Court’s interpretation of Clean Air Act § 172(e) anti-backsliding requirements when EPA replaces an existing ozone NAAQS with a more stringent standard;
  • The Court’s interpretation of Clean Air Act § 176(c)(5) transportation conformity requirements after a NAAQS has been revoked in maintenance areas, and;
  • The Court’s vacatur of certain 2008 ozone SIP Requirements Rule provisions.

The attachments to the petition include declarations from EPA, FHWA, and FTA officials. Exhibit 3 to the FHWA declaration is an interim conformity guidance document from FHWA and FTA, regarding implementation of the DC Circuit decision in “orphan” areas.

2018-04 Petition_for_Panel_Rehearing as filed

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