[Petitioners] petition for review of a final agency action of the [EPA] entitled “Transportation Conformity Guidance for Quantitative Hot-spot Analyses in PM2.5 and PM10 Nonattainment and Maintenance Areas” (US EPA, EPA-420-B-15-084, November 2015) [“Hot-spot Guidance”]. Final agency action was taken by posting revisions to this Guidance on the Transportation Conformity website maintained by EPA’s Office of Transportation and Air Quality at
https://www3.epa.gov/otaq/stateresources/transconf/documents/420b15084.pdf.
EPA’s Hot-spot Guidance applies to all transportation hot-spot analyses required by 40 C.F.R. Part 93, and is “nationally applicable” “final agency action.” . . .
In particular, the revised method for combining the modeled expected future concentrations in the ambient air of particulate emissions from proposed transportation projects with background concentrations to determine the design value to be compared with the applicable National Ambient Air Quality Standard (NAAQS) for the purpose of deciding whether a project meets the statutory tests for conformity in Clean Air Act section 176(c)(1)(B), 42 U.S.C. section 7506(c)(1)(B), violate procedural and substantive requirements of the Act, and fail to comply with applicable NAAQS, are arbitrary, capricious or not in accordance with law. Petitioners request that the applicable provisions of the Hot-spot Guidance be vacated and remanded for further agency action consistent with the Act.
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Some members of each of these petitioner organizations reside, work, or recreate within the health hazard zone 300 meters on either side of I-70 where exposure to air pollution from the highway is significantly greater than in other areas of the City, or whose children attend classes at Swansea Elementary School or Garden Place Elementary School located within the health hazard zone adjacent to the interstate highway.
Petitioner organizations, their members and staff will be adversely affected by provisions in, and omissions from, EPA’s final Hot-spot Guidance that will allow greater levels of aggregate motor vehicle emissions compared to levels that would be allowed if the Hot-spot Guidance had not been revised, and if it complied with the Act and applicable conformity regulations. Petitioners are harmed by, but harm is not limited to –
1) the revised procedures for determining whether emissions from new or enlarged transportation projects will not cause or contribute to new, more frequent or more severe violations of, or delay timely attainment of a PM NAAQS in violation of Clean Air Act § 176(c)(1)(B)(i)-(iii); and
2) EPA’s failure to promulgate such criteria and procedures that prescribe the methods to be used by transportation agencies when determining whether particulate matter (PM) emissions from a transportation project will meet the statutory and regulatory requirements for a conformity determination by notice and comment procedures required by law.
The revised Hot-spot Guidance will allow increased exposure to motor vehicle emissions not reduced to levels necessary to ensure attainment and maintenance of applicable NAAQS for PM. The revised Hot-spot Guidance will cause increased risk of harm to the health of petitioners’ members. The increased exposure to harmful pollutants, and increased risk of harm to health associated with increased exposure, provides the standing for petitioners to bring this Petition for Review of EPA’s revised Hot-spot Guidance.