EPA Seeks Denial of Industry Requests For Court Review of PVC Air Toxics Rule

摘要

A federal appeals court should deny industry petitions for review of federal air toxics emissions standards for polyvinyl chloride facilities, the Environmental Protection Agency said in a court filing (Mexichem Specialty Resins v. EPA, D.C. Cir., No. 12-1260, reply brief 8/15/14).The agency, in a brief filed Aug. 15, said the petitioners are seeking to obtain judicial review of claims that were "undisputedly raised" for the first time in reconsideration petitions that are currently pending before the agency. The Clean Air Act and legal precedent "unequivocally establish" that only objections to a rule that were raised with "reasonably specificity" during a public comment period may be raised for judicial review, the EPA said.