EPA is opposing environmentalists' push for an appellate court to rehear its recent decision deferring to the agency on when it has a Clean Air Act duty to overhaul its minimum emissions limits, or "floors," in its maximum achievable control technology (MACT) air toxics rules, saying advocates have not shown that the ruling is flawed. In an Aug. 30 filing with the U.S. Court of Appeals for the District of Columbia Circuit, the agency urges the court to reject environmentalists' request for en banc full court rehearing of a three-judge panel's unanimous May 28 decision upholding the agency's secondary lead smelter MACT, including its method for setting MACT floors. The agency argues that the ruling reiterates past precedent on the floors established in an earlier D.C. Circuit ruling.
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