EPA Says Toxics 'Completion' Rule Cannot Re-Open MACT Rules To Suits

摘要

EPA is fighting environmentalists' lawsuit that claims the agency has not satisfied a Clean Air Act mandate that it regulate air toxics from sources representing 90 percent of emissions of seven hazardous air pollutants (HAPs), with the agency arguing the suit actually tries to attack EPA air toxics rules years after the deadline to sue. Environmental groups in their suit allege that EPA has improperly relied on "surrogate" pollutant cuts in its maximum achievable control technology (MACT) air toxics rules to control the seven HAPs, which the air law treats differently from other air toxics because of their "persistent" and "bioaccumulative" qualities.