USCA UNITED STATES Case COURT # OF APPEALS Document # Filed: 04/01/2013 Page 1 of 22 PETITION FOR REVIEW

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1 USCA UNITED STATES Case COURT # OF APPEALS Document # Filed: 04/01/2013 Page 1 of 22 FOR DISTRICT OF COLUMBIA CIRCU1T ; FOR DISTRICT OF COLUMBIA CIRCU. - -t;nl:feo STATES COURT OF APPEALSIT - APR -l 21JJbR T~ Egl~i~r~: ~~~~i~:::~ ~UI1.FR AMERICAN FOREST & PAPER ASSOCIATION, AMERICAN WOOD COUNCIL, BIOMASS POWER ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL ASSOCIATION t>f MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER MANUFACTURERS ASSOCIATION Petitioners, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,. v. Respondent. I 1 I - ~ L~LERK ~ l3-lloo No. - PETITION FOR REVIEW Pursuant to Rule 15 of the ~ederal Rules of Appellate Procedure, Circuit Rule 15, and section 307(b of the Clean Air Act, 42 U.S.C. 7607(b, the American Forest & Paper Association ("AF&PA", American Wood Council ("A WC", Biomass Power Associ~tion ("BP A", Chamber of Commerce of the United States of America, Corn Refiners Association ("CRA", National Oilseed

2 USCA Case # Document # Filed: 04/01/2013 Page 2 of 22 Processors Association ("NOP A", Rubber Manufacturers Association ("RMA", and Southeastern Lumber Manufac;turers Association ("SLMA" hereby petition this Court to review the final rule of the respondent United States Environmental Protection Agency entitled, "National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters," published at 78 Fed. Reg et seq. (January 31, Respectfully submitted, rw llj~ William L. Wehrum Scott J. Stone HUNTON & WILLIAMS LLP 2200 Pennsylvania Avenue, N.W. Washington, D.C ( wwehrum@ hunton.com sstone@hunton.com Counsel for American Forest & Paper Association, American Wood Council, Corn Refiners Association, Biomass Power Association, National Oilseed Processors Association, Rubber Manufacturers Association, and Southeastern Lumber Manufacturers Association 2

3 USCA Case # Document # Filed: 04/01/2013 Page 3 of 22 W." L.Jl ~1L~ r\ uv Quentin Riegel Vice President, Litigation & Deputy General Counsel NATIONAL ASSOCIATION OF MANUFACTURERS 733 loth Street, N.W. Suite 700 Washington, DC ( Counsel for National Association of Manufacturers Dated: April 1, JLlJ~---- r,,/ Rachel L. Brand c vv Sheldon Gilbert NATIONAL CHAMBER LITIGATION CENTER, INC H Street N.W. Washington, DC ( Counsel for the Chamber of Commerce of the United States of America Of Counsel: Jan Poling Vice President, General Counsel & Corporate Secretary AMERICAN FOREST & PAPER ASSOCIATION th Street, N.W. Suite 800 Washington, D.C (

4 USCA Case # Document # Filed: 04/01/2013 Page 4 of 22 CERTIFICATE OF SERVICE I hereby certify that on this 1st day of April 2013, one copy of the foregoing Petition for Review and Rule 26. I' Disclosure Statements of Petitioners American Forest & Paper Association, American Wood Council, Biomass Power Association, Chamber of Comme~ce of the United States of America, Corn Refiners Association, National Oilseed Processors Association, Rubber Manufacturers Association, and Southeastern Lumber Manufacturers Association was served by first-class mail, postage prepaid, on each of the following: Robert Perciasepe Acting Administrator U.S. Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Ave., NW Mail Code 4101M Washington, D.C Eric H. Holder, Jr. Attorney General of the United States United States Department of Justice 950 Pennsylvania Ave., NW Washington, D.C Brenda Mallory Acting General Counsel U.S. Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Ave., NW Mail Code 2310A Washington, D.C J;t~ William L. Wehrum

5 ... UNIIED STATES COURT OF APPEALS , USCA Case # Document # Filed: 04/01/2013 Page 5 of 22 FOR DISTRICT OF COLUMBIA CIRCUIT [. APR -1!~~~ :g~~~~~: ~~~~i~::: AMERICAN FOREST & PAPER C~~_f3K ASSOCIATION, AMERICAN WOOD COUNCIL, BIOMASS POWER ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER MANUFACTURERS ASSOCIATION Petitioners, v. No. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. 1 J~:t100 RULE 26.1 DISCLOSURE STATEMENT OF PETITIONER AMERICAN FOREST & PAPER ASSOCIATION Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, Petitioner, American Forest & Paper Association ("AF&PA", makes the following declarations: AF&PA is the national trade association of the forest products industry, representing pulp, paper, packaging and wood products manufacturers, and forest.

6 USCA Case # Document # Filed: 04/01/2013 Page 6 of 22 landowners. Our companies make products essential for everyday life from renewable and recyclable resources that sustain the environment. The forest products industry accounts for approximately 5 percent of the total U.S. manufacturing GDP. Industry companies produce about $175 billion in products annually and employ nearly 900,000 men and women, exceeding employm.ent levels in the automotive, chemicals and plastics industries. The industry meets a payroll of approximately $50 billion annually and is among the top 10 manufacturing sector employers in 47 states. No parent corporation or publicly held company has a ten percent (1 0% or greater ownership interest in AF&PA. Respectfully submitted, Dated: April1, 2013 William L. ehrum Scott J. Stone HUNTON & WILLIAMS LLP 2200 Pennsylvania Avenue, N.W. Washington, D.C ( wwehrum@ hunton.com sstone@ hunton.com Counsel for American Forest & Paper.. Association

7 ~JN/TED ~TATES~~PPEAti" f OR ~tsrrter of columsta CIRcUIT : united sta-tes'c"'ourt of APPEALs USCA Case # Document # Filed: 04/01/2013 Page 7 of 22 G. FOR.... ~h :. DISTRICT OF COLUMBIA CIRCUIT APR J N ED STATES COURT OF APPEALS lfileo APR RECEIVEf9R T E DISTRICT OF COLUMBIA CIRctfT K ~ AMERICAN FOREST & PAPER ASSOCIATION, AMERICAN WOOD COUNCIL, BIOMASS POWER ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER. MANUFACTURERS ASSOCIATION Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. No. RULE 26.1 DISCLOSURE STATEMENT OF PETITIONER AMERICAN WOOD COUNCIL I CLERK Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, Petitioner American Wood Council ("AWC" makes the following declarations: The American Wood Counci~ (A WC is the voice of North American traditional and engineered wood products, representing over 75% of the industry.

8 USCA Case # Document # Filed: 04/01/2013 Page 8 of 22 From a renewable resource that absorbs and sequesters carbon, the wood products industry makes products that are essential to everyday life and employs over onethird of a million men and women. in well-paying jobs. A WC's engineers, technologists, scientists, and building code experts develop state-of-the-art engineering data, technology, and standards on structural wood products for use by design professionals, building officials, and wood products manufacturers to assure the safe and efficient design and use of wood sttuctural components. A WC also provides technical, legal, and economic information on wood design, green building, and manufacturing environmental regulations advocating for balanced govetnrnent policies that sustain the wood products industry. Respectfully submitted, Dated: April 1, /0~ lj;_~ William ~ehrum Scott J. Stone. HUNTON & WILLIAMS LLP 2200 Pennsylvania Avenue, N.W. Washington, D.C ( wwehrum@ hunton.com sstone@hunton.com Counsel for American Wood Council

9 USCA Case # Document # Filed: 04/01/2013 Page 9 of 22 UNITED STATES COURT OF APPEALS R THE DISTRICT OF COLUMBIA CIRCUI --~urrredsfmesggui#\j~abbmi FOR DISTRICT OF GOLU.MBIA CIRCi.Jfi L--M,fEJtlCi:NFO EST & PAPER ~ A~{ A~; ~: R~Sii.---. ~ -AMERICAN WOOD CLERK CIL, BIOMASS POWER ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER. MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER MANUFACTURERS ASSOCIATION Petitioners, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, v. Respondent. No. RULE 26.1 DISCLOSURE STATEMENT OF PETITIONER BIOMASS POWER ASSOCIATION Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, Petitioner Biomass Power Association ("BPA" makes the following declarations: BP A is a non-profit, national trade association headquartered in Portland, Maine and organized under the laws of the State of Maine. BPA has no parent

10 USCA Case # Document # Filed: 04/01/2013 Page 10 of 22 corporation, and no publicly held company has a ten percent ( 10% or greater ownership interest in BPA. BP A serves as the voice of the U.S. biomass industry in the federal public policy arena. BP A is comprised of 23 member companies who either own or operate biomass power plants, and 16 associate and affiliate members who are suppliers to or customers of the industry. BPA's member companies represent approximately 80 percent of the U.S. biomass to electricity sector. Dated: April1, 2013 "'.. Respectfully submitted, 1 J i Z1L----- ~ilham L. Wehrum Scott J. Stone HUNTON & WILLIAMS LLP K Street, N.W.. Washington, D.C ( wwehrum@ hunton.com sstone@ hunton.com Counsel for Biomass Power Association

11 -----AWO """"'l UNITED STATES COURT OF APPEALS FOR DISTRICT OF COLUMBIA CIRCUiT USCA Case # Document # Filed: 04/01/2013 Page 11 of 22 nk: ~::~~ 1 ~:Jm OF APPEALS FOR DISTRICT OF COLUMBIA CIRCUIT HE lpf~~ CO UMBIA CIRCU T AMERICAN FOREST & PAPER ASSOCIATION, AMERICAN WOOD COUNCIL, BIOMASS POWER ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL. ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER MANUFACTURERS ASSOCIATION Petitioners, v. No. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. TfNlfED STATES. COURTOF APPEAIS-- FILED APR CLERK RULE 26.1 DISCLOSURE STATEMENT OF PETITIONER CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, the undersigned Petitioner, Chamber of Commerce of the United States of America (the "Chamber", makes the following declarations:

12 USCA Case # Document # Filed: 04/01/2013 Page 12 of 22 The Chamber is a non-profit corporation organized and existing under the laws of the District of Columbia. The Chamber is not a publicly held corporation and no corporation or other publicly held entity holds more than 10% of its stock. The Chamber is the world's largest business federation. The Chamber represents 300,000 direct members and indirectly represents the interests of more than 3 million companies and professional organizations of every size, in every industry, from every region of the country. An important function of the Chamber is to represent the interests of its ~embers in matters before the courts, Congress, and the Executive Branch. Many of the Chamber's members are subject to the regulations at issue in this matter. Dated: April1, Respectfully submitted, - Vc/1d~r= r Rachel L." Brand ~ Sheldon Gilbert NATIONAL CHAMBER LITIGATION CENTER, INC H Street N.W. Washington, DC ( Counsel for Chamber of Commerce of the United States of America

13 - UNITED STATES COURl uriaat'c~ru;'t ; UNITED STATES COURT OF APPEALS FOR DiSTRICT OF COLUMB - :1! FOR DISTRICT OF COLUMBIA CIRCUJT USCA Case # Document # Filed: 04/01/2013 Page 13 of 22 APR j FILED - - \L L----n IT D STATES COURT OF APREA S A.r'R _, 2013 RECEI\ieR TH DISTRICT OF COLUMBIAfcrlitu _,_ AMERICAN FOREST & PAPER ASSOCIATION, AMERICAN WOOD COUNCIL, BIOMASS POWER ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER MANUFACTURERS ASSOCIATION Petitioners, v. No. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. RULE 26.1 DIS(:LOSURE STATEMENT OF PETITIONER CORN REFINERS ASSOCIATION i. Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, Petitioner Com Refiners Association ("CRA" makes the following declarations: CRA is a non-profit, national trade association headquartered in the District of Columbia. CRA has no parent corporation. CRA serves as the voice of the U.S.

14 USCA Case # Document # Filed: 04/01/2013 Page 14 of 22 com wet millers industry in the public policy arena. CRA is comprised of 6 member companies with 23 plants located throughout the United States. Respectfully submitted, Dated: April1, 2013 ~o~'jt~ Wi 1am. Wehrum Scott J. Stone HUNTON & WILLIAMS LLP 2200 Pennsylvania Avenue, N.W. Washington, D.C ( wwehrum@ hunton.com sstone@ hunton.com Counsel for Corn Refiners Association

15 USCA Case # Document # Filed: 04/01/2013 Page 15 of 22 UNITED STATES COURT OF A ~1\~Si'ATEs'CoORTDF'APPEALs FOR THE DISTRICT OF COLUMBI E COLUMBIA CIRCUIT f\pr -1A~ ~ REC., IOMASS POWER ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER MANUFACTURERS ASSOCIATION Petitioners, - v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. No. AlfO APR CLERK RULE 26.1 DISCLOSURE STATEMENT OF PETITIONER THE NATIONAL ASSOCIATION OF MANUFACTURERS Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, Petitioner, the National Association of Manufacturers ("NAM", makes the following declarations:

16 USCA Case # Document # Filed: 04/01/2013 Page 16 of 22 The NAM is the nation's largest industrial trade association, representing small and large manufacturers in every industrial sector and in all 50 states. The NAM' s mission is to enhance the competitiveness of manufacturers by shaping a legislative and regulatory environment conducive to U.S. economic growth and to increase understanding among policymakers, the media and the general public about the vital role of manufacturing to America's economic future and living standards. The NAM has no parent company, and no publicly held company has a 10% or greater ownership interest in the NAM.. Respectfully submitted, Dated: Aprill, 2013 /jpji.l~-' /.r/ Quentin Rtegel ( Vice President, Litigation & Deputy General Counsel NATIONAL ASSOCIATION OF MANUFACTURERS 733 loth Street, N.W. Suite 700 Washington, DC ( Counsel for National Association of Manufacturers

17 USCA Case # Document # Filed: 04/01/2013 Page 17 of 22 UNITED STATES COURT OF APPEALS FOR DiSTRICT OF COLUMBIA CIRCU1T UNITED STATES COURT OF APPEALS -~ NITED STATES COURT OF APPEA SFORDISTRICTOFCOLUMBIACIRCUIT APR OR THE DISTRICT OF COLUMBIA CI T. _ APR I RE CEIVE-D ST&PAPER CLERK ASSOCIATION, AMERICAN WOOD COUNCIL, BIOMASS POWER ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER. MANUFACTURERS ASSOCIATION, AND S UTHEASTERNLUMBER ANUFACTURERS ASSOCIATION.-. u Petitioners, v. No. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. RULE 26.1 DISCLOSURE STATEMENT OF PETITIONER NATIONAL OILSEED PROCESSORS ASSOCIATION Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, Petitioner National Oilseed Processors Association ("NOPA" makes the following declarations: NOP A is a non-profit, national trade association headquartered in the District of Columbia. NOPA has no parent corporation, and no publicly held

18 USCA Case # Document # Filed: 04/01/2013 Page 18 of 22 company has a ten percent (10% or greater ownership interest in NOPA. NOPA represents 12 companies engaged 'in the production of food, feed, and renewable fuels from oilseeds, including soybeans. NOPA's member companies process more than 1.6 billion bushels of oilseeds annually at 61 plants located in 19 states throughout the country, including 56 plants that process soybeans. Respectfully submitted, Dated: Apri11, 2013 ~run~~ Scott J. Stone HUNTON & WILLIAMS LLP 2200 Pennsylvania Avenue, N.W. Washington, D.C ( wwehrum@ hunton.com sstone@hunton.com Counsel for National Oilseed Processors Association

19 . :. USCA Case # Document # Filed: 04/01/2013 Page 19 of 22 \unlted ' STATtSJiOURT OF-APPEALS\ FOR DISTRICT OF COLUMBIA CIRCUIT ffoh Dt 'fr.lct OF COLUMBIA CIRCU11\ l \ \ \ 1! 1;-r::-~ ~.,.\lts r.o~!it OF ~p~~~~~ fiji. s:{inited STATES COURT OF APPEALS ~r-1--1'\"":"t"'t.~.-.!"~ UNITED STATES COURT OF APPEAL i THE DISTRICT OF COLUMBIA CIR~N... APR ~~~r.;r===r----:---- L--~~iitt1~rr.tt~EST & PAPER ASSOCIATION, AMERICAN WOOD COUNCIL, BIOMASS POWE~ ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL. ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER MANUFACTURERS ASSOCIATION Petitioners, v. No. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. ----CLERK RULE 26.1 DISCLOSURE STATEMENT OF PETITIONER RUBBER MANUFACTURERS ASSOCIATION Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, Petitioner Rubber Manufacturers Association ("RMA" makes the following declarations: RMA is a non-profit, natioqal trade association headquartered in the District of Columbia. RMA has no parent corporation, and no publicly held company has a

20 USCA Case # Document # Filed: 04/01/2013 Page 20 of 22 ten percent ( 10% or greater ownership interest in RMA. RMA is the national trade association representing tire manufacturing companies that manufacture tires in the United States. RMA member companies include: Bridgestone Americas, Inc.; Continental Tire the Americas, LLC; Cooper Tire & Rubber Company; The Goodyear Tire & Rubber Company; Michelin North America, Inc.; Pirelli Tire North America; Toyo Tire Holdings of Americas Inc. and Yokohama Tire Corporation. RMA's eight member companies operate 30 tire manufacturing plants, employ thousands of Americans and ship over 90 percent of the original equipment ("OE" tires and 80 percent of the replacement tires sold in the United States. Respectfully submitted, ~/1J~ Dated: Aprill, 2013

21 USCA Case # Document # Filed: 04/01/2013 Page 21 of 22 UNITED STAT~$ C(JI.JRT OF APPUIJ UNITED STATES COURT OF APPEA SFOR_DISTRICTOFOOLUMBIAt:IRCUif R THE DISTRICT OF COLUMBIA CI ~' 6JT. ~', Ar'h I EST&PAPER. CLERK MERICAN WOOD ~1:Jli.I.UMASS POWER --~r-1~~\.~jiation, CHAMBER OF ;11 :~ 1 1 n n COMMERCE OF THE UNITED STATES OF AMERICA, CORN REFINERS ASSOCIATION, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL OILSEED PROCESSORS ASSOCIATION, RUBBER MANUFACTURERS ASSOCIATION, AND SOUTHEASTERN LUMBER MANUFACTURERS ASSOCI~TION Petitioners, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, v. Respondent. No. RULE 26.1 DISCLOSURE STATEMENT OF PETITIONER SOUTHEASTERN LUMBER MANUFACTURERS ASSOCIATION Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and Circuit Rule 26.1, Petitioner Southeastern Lumber Manufacturers Association ("SLMA "makes the following declarations: Southeastern Lumber Manufacturers Association (SLMA is a trade association that represents independently-owned sawmills, lumber treaters, and

22 USCA Case # Document # Filed: 04/01/2013 Page 22 of 22 their suppliers in 17 states throughout the Southeast. SLMA' s members produce more than 2 billion board feet of s.olid sawn lumber annually, employ over 12,000 people, and responsibly manage over a million acres of forestland. These sawmills are often the largest job creators in their rural communities, having an economic impact that reaches well beyond people that are in their direct employment. The association serves as the unified voice of its members on state and federal government affairs and offers various other programs including networking events, marketing and management, and operational issues. No parent corporation and no publicly held company has a ten percent (10% or greater ownership interest in SLMA. Respectfully submitted, Dated: April1, 2013.tJtzJ~ William'LW ehrum Scott J. Stone HUNTON & WILLIAMS LLP 2200 Pennsylvania Avenue, N.W. Washington, D.C ( wwehrum@ hunton.com sstone@hunton.com Counsel for Southeastern Lumber Manufacturers Association