EPA Defends Waste Classification Rule As Reasonable Use Of Discretion

摘要

EPA is defending as a reasonable use of rulemaking discretion its rule for determining when material burned in combustion units is a "waste" subject to strict incinerator emission controls or a "fuel" subject to less-stringent boiler requirements, urging a federal appeals court to reject industry and environmentalist litigation claiming the rule is unlawful. The agency says the criteria it used in the non-hazardous secondary material (NHSM) rule "are a reasonable exercise of the Agency's discretion to determine what constitutes the 'discard' of a secondary material," a key factor in determining whether something is a waste, according to an Aug.