Government Regulation -- active
Denka Performance Elastomer, LLC v. EPA
(D.C. Circuit)
Pushing back on EPA's efforts to impose risk-based emission standards on categories of emissions sources
On January 24, 2025, the NAM filed an amicus brief urging the D.C. Circuit to vacate EPA’s new SOCMI/HON rule, the New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry. The rule will impact more than 200 chemical plants nationwide by requiring them to take actions to lower certain chemical emissions, including emissions of ethylene oxide (used to sterilize medical equipment). In this challenge led by the American Chemistry Council, ACC and its co-petitioners argue that EPA lacked authority to impose risk-based emission standards on categories of emissions sources. Adopting EPA’s view that it can conduct more than one risk review would lead to uncertainty that would undermine businesses’ long-term plans and deter investments.
Related Documents: NAM brief (January 24, 2025)
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