Michigan Cement Plant Not Exempt From Retrofit Technology Rule, Sixth Circuit Rules

摘要

St. Marys Cement Inc. is not exempt from an Environmental Protection Agency rule requiring the company to install best available retrofit technology (BART) at one of its plants to control emissions of nitrogen oxides and sulfur dioxide, a federal appeals court ruled (St. Marys Cement Inc. v. EPA, 2015 BL 80274, 6th Cir., No. 13-3105, 3/24/15). The U.S. Court of Appeals for the Sixth Circuit held March 24 that St. Marys forfeited the exemption argument by failing to raise the issue during the notice-and-comment period. St. Marys first raised questions about its plant's BART-eligibility after the public comment period closed and after the EPA rejected the company's technical objections to the retrofitting requirement.