EPA Improperly Overlapped Cement Kiln Rule With Solid Waste Rule, Appeals Court Says

摘要

The Environmental Protection Agency improperly issued emissions standards for cement kilns without considering the effects of a related ongoing rulemaking to define solid waste incinerators, a federal appeals court decided Dec. 9 (Portland Cement Ass'n v. EPA, D.C. Cir., No. 10-1358, 12/9/11; Portland Cement Ass'n v. EPA, D.C. Cir., No. 10-1359, 12/9/11). The rule for solid waste incinerators, which was still being written when EPA issued the regulation for cement kilns, could have led to some kilns being classified as incinerators, with different emissions limits applicable to those kilns, the U.S. Court of Appeals for the District of Columbia Circuit said.