Kaiser Aluminum to Challenge EPA Decision On Regulating Furnaces Under Air Standards

摘要

An operator of aluminum manufacturing plants intends to challenge the Environmental Protection Agency's decision not to exempt new and reconstructed round top furnaces from various requirements under the agency's updated hazardous air pollutant standards for secondary aluminum production facilities (Kaiser Aluminum Fabricated Prods, v. EPA, D.C. Cir., No. 15-1423, statement of issues filed 12/18/15). Kaiser Aluminum Fabricated Products LLC, in a Dec. 18 statement of issues, said it intends to ask the U.S. Court of Appeals for the District of Columbia Circuit to consider whether the EPA acted in an arbitrary and ca- pricious manner when the agency subjected new and reconstructed furnaces to certain requirements that existing furnaces are exempt from. The revised standards (RIN 2060-AQ40) require operators of new and modified round top furnaces to install temporary hooding during testing and to use an 80 percent capture efficiency assumption when estimating emissions.