Environmental -- active



American Forest & Paper Ass'n v. EPA   (D.C. Circuit)

Challenging EPA's CISWI regulations

On April 29, 2011, the NAM joined with 10 other associations asking a federal court to review EPA's new regulations on commercial and industrial solid waste incineration (CISWI) units. The rules have the potential to impose additional costs on key industrial sectors. We filed formal petitions in federal court challenging the rules to ensure that, if EPA fails to reconsider its actions, an appeals court panel will have a chance to consider whether EPA acted within the law.

On the same day, we filed a suit challenging EPA's rules establishing stricter emissions limits on industrial, commercial and institutional boilers. For details, see U.S. Sugar Corp. v. EPA (D.C. Cir.).

On May 16, 2011, EPA announced that it was reconsidering and delaying the effective dates for the Boiler MACT and CISWI rules "until the proceedings for judicial review of these rules are completed or the EPA completes its reconsideration of the rules, whichever is earlier." A new effective date will be published "once delay is no longer necessary." EPA published a new proposed rule on Dec. 23, 2011, and intended to take final action on it in the spring of 2012. However, it is still reviewing data and information submitted in response to the proposed reconsideration rule.

EPA asked that this case be held in abeyance pending completion of its completion of work on the new regulations and consideration of various administrative petitions. It recognized that industry would need to make compliance investments soon that may not be reversible if the standards are later revised. The court has agreed to holding the case in abeyance, and is receiving periodic reports on the status of the new regulatory effort.


Related Documents:
Shopfloor Blog  (May 9, 2011)
NAM Petition for Review  (April 29, 2011)
NAM Petition for Administrative Stay  (April 27, 2011)

 

American Forest & Paper Ass'n v. EPA   (D.C. Circuit)

Challenging EPA's Non-Hazardous Secondary Materials rule

On June 16, the NAM filed a petition for review of the EPA’s Non-Hazardous Secondary Materials (NHSM) rule under the suite of Boiler MACT rules. The NHSM rule will classify as solid waste certain “secondary” materials that are currently used as a source of energy, such as coal ash or biomass residues from lumber. Solid waste must be burned in boilers regulated under more onerous rules than apply to fuels. The NAM is concerned with several aspects of the rule, including its effect on the use of non-hazardous materials, its presumption that all non-hazardous secondary materials are solid waste, and other provisions.

A list of legal issues in the case was filed in July, including challenging EPA's presumption that all non-hazardous secondary materials are solid waste, and its definition of "contaminants," "traditional fuels," and "contained gaseous material." Also at issue, among other things, is whether EPA violated the Regulatory Flexibility Act by failing to consider the economic impacts of the rule on small businesses.


Related Documents:
Statement of Issues  (July 8, 2011)
NAM petition  (June 16, 2011)

 


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