Mexichem Specialty Resins, Inc. v. EPA

摘要

Manufacturers of polyvinyl chloride may not bring certain claims under Clean Air Act challenging rule issued by Environmental Protection Agency limiting hazardous air pollutant emissions from PVC production alleging that EPA provided inadequate notice and comment period, final rule was not logical outgrowth of proposed rule, PVC-combined process vent emission limits are unreasonable, and limits in process wastewater were based on incomplete or incorrect data, because: (1) claims were not raised during notice and comment period but during unresolved petition for reconsideration, (2) EPA has not functionally denied re- consideration or finished reconsideration while refusing to acknowledge it did so, and (3) EPA has not engaged in unreasonable delay in addressing reconsideration petition.