|Text of the letter from the Vermont Attorney General's office to the Environmental Protection Agency indicating that Vermont might take legal action to force an EPA decision on Vermont's petition for a waiver of NOx emissions.|
STATE OF VERMONT
January 20, 1999
Certified Mail, Return Receipt Requested
Hon. Carol M. Browner
Re: Notice of Intent to Commence Civil Action Concerning Failure to Take Final Action on Petition under Section 182(f) of the Clean Air Act
Dear Administrator Browner:
Pursuant to Section 304(b)(2) of the Clean Air Act (the "Act"),42 U.S.C.7604(b)(2), the State of Vermont, hereby gives you notice of a failure to perform an act or duty under the Act which is not discretionary with the Administrator within the meaning of Section 304(a)(2) of the Act, 42 U.S.C. 7604(a)(2).
Specifically, the Administrator has failed to, within six months, grant or deny the petition filed on or about May 22, 1996 by the State of Vermont pursuant to Section 182(f) of the Act,42 U.S.C.7511 a. Unless the Administrator takes final action upon said petition within 60 days of the date of this letter, the State of Verrnont intends to bring a civil action pursuant to Section 304(a)(2) of the Act, 42 U.S.C. 7604(a)(2).
Very Truly Yours,
Mary K. McCabe
cc: John DeVillars, EPA Region I Administrator
Vermonters for a Clean Environment, Inc.
Updated: February 22, 2000