EPA's Hazardous Waste Combustor NESHAP: Legal Issues Arising From Promulgation, Challenges Thereto, and Eventual Implementation

摘要

The United States Environmental Protection Agency ("EPA") promulgated the Final National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Hazardous Waste Combustors ("HWC") on September 30, 1999. This rule is one of the most complicated and controversial NESHAP standards promulgated to date and raises a wide range of legal and practical issues, both on its face and in its implementation. This paper analyzes the history of the promulgation of the Hazardous Waste Combustor NESHAP, including the legal challenges and the bases therefor, as well as provides a current status of all legal challenges. The paper then explores legal issues arising from the face of the rule, legal issues that arise when attempting to implement the rule, and legal issues arising from recent court decisions which refine the meaning of "arbitrary and capricious" rulemaking, as well as affect EPA's method of regulation through guidance.